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(영문) 대전지방법원 2013.04.11 2013고단318
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2013 Highest 318] Defendant D purchased the Gwangju Office president of the Jeju Office, and Defendant A purchased the land at a low price with no possibility of being developed as a substantial president of the said company, or with low prices, and sold the said land at a low price with the intention to acquire the difference by deceiving customers as if the price increases, and selling the said land at a low price.

On May 24, 2010, the Defendants made a false statement to the victim HZ (n, 48 years of age) at the (N) office in Seo-gu, Seo-gu, Gwangju, about May 24, 2010, stating that “The Defendants purchased this land at the end of this year to develop this land, 30 million won as compensation, and if sold within two years after the end of this year, it shall be deemed that the new market price is formed in GR and the land price is high, and that it shall be purchased.”

However, the above facts are not confirmed as false information, but merely purchased land with the victim's funds, with a view to receiving market price gains and allowances by means of resale at 7,50,000 won per square day. AW land sold to the victim was without any possibility of development and land price increase. Therefore, there was no intent or ability to make the victim receive compensation or to make the victim obtain high profits due to land price increase.

As above, the Defendants conspired to induce the victim, and then deceptioned the victim by 20 million won around May 26, 2010, and 20 million won around May 31, 2010, and 22 million won in total.

[2013 Highest 906] Defendant A is the actual operator of (ju) real estate company planning and real estate company, and Defendant D is the president of the above company, who directly solicits real estate investors or manages other employees, and the Defendants purchased low-value of land or did not yet purchase such land.

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