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(영문) 대구지방법원 2015.06.09 2014고단5460
사기
Text

1. The defendant A shall be punished by imprisonment for not less than two years and six months, and the defendant B shall be punished by imprisonment for not more than ten months;

2. Provided, That with respect to the defendant B, the defendant B.

Reasons

Punishment of the crime

Defendant

A on October 28, 2011, the Daegu District Court was sentenced to three years of suspension of execution in two years and six months of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on May 9, 2012.

Defendant

A is the husband of the H, the representative director of the H (hereinafter “H”) established to vicariously sell apartment buildings in Daegu-gu and Daegu-gu G apartment building (hereinafter “the apartment building in this case”) and controlled the affairs related to the sales agency business such as the sales agency business fund management as the above company’s actual owner. Defendant B performed the overall affairs related to the sales agency business of the above apartment building in accordance with the direction of Defendant A as the above H employee, such as sales agency business and the management of business fund.

As the business operation funds are insufficient in the process of the process of the above apartment sales agency business, the Defendants conspired to raise funds for the business fund by making a false statement as if they return the investment principal to the victim K in the short term and pay high-amount of investment profits to the above apartment sales agency business through the J, which had been entrusted with the above business of sales agency business of apartment sales, while investing in the above apartment sales agency business to the victim K.

Defendant

A around October 8, 2008, at the site of the construction site of the new apartment building in Daegu-gu GGGGG, Defendant B made a false statement to the effect that “When the injured party makes a contract for the sale of the apartment building as security for investment, it will be done as if it would be well as the sale of the apartment building.” Defendant B made an investment of KRW 300 million to the injured party in relation to the sales agency business of the apartment building in Daegu-gu GGGGGGGGGGGGGG building, the commercial building shall be sold in lots and the principal shall be returned within one month, and the investment proceeds shall be paid within 75 days from the date of the preparation of the contract.”

However, the defendant A at the time.

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