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(영문) 서울동부지방법원 2019.08.29 2019고단655
사기
Text

Defendant

A Imprisonment with prison labor for six months, and for one year and two months, respectively.

Defendants are jointly and severally liable.

Reasons

Punishment of the crime

To the extent that the facts charged in the indictment do not disadvantage the defendants' exercise of their right to defense, some amendments were made according to the facts obtained through the examination of evidence.

Defendant

B is a F good, and Defendant A is a person engaged in real estate brokerage business.

The Defendants conspired and conspired on August 16, 2016, in the real estate brokerage office of Defendant A’s operation in Gangdong-gu Seoul Metropolitan Government, to the victim C with the intention to build an officetel at approximately 432 square meters. The construction permit may be granted before the remainder payment. If a contract for the sale of land was made, the amount of KRW 150 million may be invested within 2 months from the date of the permission, the Defendants shall be responsible for the Defendants within 2 months from the date of the permission, the principal and interest shall be fully paid, and the amount of KRW 80,000,000,000,000,000,000 won shall be paid immediately from the victim as investment.

However, in fact, the above land was under civil litigation by subrogated payment of KRW 60 million out of KRW 110,000,000, which was paid as down payment among KRW 1100,000,000, which was paid as down payment, and by dispute between I and Defendant B, who succeeded to the buyer’s name, and Defendant A was only engaged in the sale and purchase of the above land without any idea to invest in the above business. Defendant B was a person with bad credit standing and was unable to procure the said down payment of KRW 110,00,000,000. Thus, Defendant B purchased the above land and carried out the land development project or carried out the land development project, and there was no intention and ability to pay the victim the profit of KRW 80,000 to

As a result, the Defendants conspired to deception the victim and obtained 150 million won from the victim as investment money.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness C and J;

1. Each prosecutor's suspect interrogation protocol against the Defendants A.

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