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(영문) 대전지방법원 2015.06.11 2014고단4246
사기
Text

Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Daejeon District Court on April 25, 2014 and two years of suspended execution for the same year.

5.3. The judgment became final and conclusive.

【Criminal Facts】

1. The Defendants’ co-defendant purchased a relatively low price apartment at a relatively low price, and had a view to selling it for a short period to divide profits from the market price with remaining profits.

On March 2010, Defendant A around early 2010: (a) opened the above rental apartment with Defendant B at the request of Defendant B, as well as Defendant B, and, as the result, it was difficult to sell the apartment house within 2 months because it did not have any existing tenants and there was no outstanding down payment, and there was no outstanding money; (b) the remainder may be paid up to KRW 100,000,000; (c) the remainder may be sold after two months; (d) the same shall be the same as the profit from the market price per bond; and (e) the sale of the apartment after two months is the same; and (e) the sale of the apartment is the principal and profits; and (e) the sales of the apartment is difficult to be made within 2 months, such as it appears that there was no existing tenants and no fixed sales place have been secured; and (e) the sale would take place at the time for one year or more.

그럼에도 불구하고 피고인 A은 피고인 B의 위와 같은 요청에 따라 2010. 3. 24.경 대전 서구 만년동 소재 돌솥밥집에서, 약 6개월 전 같은 산악회 회원으로 알게 된 피해자 E에게 "서민아파트가 전세값 6,000만 원 정도로 싸게 나와 구입하려 하니 여유자금이 있으면 1억 원을 빌려 달라. 아파트 10채를 구입하여 2개월 뒤 되팔아 시세 차익 2,000만 원을 남길 수 있으니 2개월 뒤에 원금을 변제하고 수익도 나누어 주겠다"고 거짓말을 하였다.

However, the Defendants were well aware of the fact that it is difficult for the Defendants to sell apartment units normally within the short period. Meanwhile, Defendant A was in arrears with the tax amount of KRW 3-40 million from around 2004.

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