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(영문) 대전지방법원 2019.10.30 2018고단3157
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has worked as the head of the state (state)B as the planning real estate company, and the victim C is a person who has worked as an employee in the above company.

After the company purchased and divided the real estate and sold it to the employees or customers of the company. When selling the real estate, the company did not conclude a sales contract individually, but did not enter into a sales contract, i.e., a "sale system", i., an "tender" in advance, and entered into a collective sales contract with the head of each department in advance. If the company fails to receive the subscription payment after the payment of subscription money, the company paid the subscription money through the head of each department, and the employees were paid 10% of the purchase price of the land and operated in the manner of paying 3% of the purchase price of the land.

On April 2016, the Defendant made a false statement to the Plaintiff at the office of a dispute resolution committee office located in the 7th floor of Daejeon DD Building, stating, “A repayment will be made after having lent money to the Plaintiff for one to two months. Around the second day of each month, the Defendant borrowed KRW 15 million to the Plaintiff.”

However, in order to receive the above allowances, the Defendant borrowed money from others for lending money to the employees to purchase land, or used the subscription money received from others for the purchase price of other land and used it to return the subscription money borrowed again in the form of money borrowed. In addition, there was a disbursement of at least KRW 10,000 per month in order to repay debts to the credit card price, insurance premium and communication fee, and the Credit Counseling and Recovery Commission and the lending company, while there was no special profit except KRW 2.5 million in the amount of wages and KRW 1 million in the amount of allowances, and the Defendant borrowed money from other persons.

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