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(영문) 수원지방법원 성남지원 2014.10.23 2012고단2040
사기
Text

Defendant

A Imprisonment for two years, for one year, for one year, and for two years and six months, for each of the defendants C.

except that this shall not apply.

Reasons

Criminal facts

Defendant

C From around 2005, a person who actually establishes and operates K and L Company, and actually operates real estate sales business, etc., Defendant A worked as the head of the business team at the office of “N Licensed Real Estate Agent” located in Seongbuk-gu, Sungnam-si and the “P Licensed Real Estate Agent” located in the branch of Sungnam-si, Sungnam-si, which was prepared by Defendant C, while taking overall charge of the instant forest sales, etc., and Defendant B, who was employed by Defendant A and worked for the said “P Licensed Real Estate Agent” office, was separately paid allowances of KRW 120,000 based on the business performance, and was engaged in the instant forest sales business.

The Defendants: (a) Defendant C was designated as a preserved mountainous district, most of the forests and fields in the Hanwon-gun Q Q Q of the said L or K purchased in the name of the above L or K, and thus, Defendant C was unable to engage in development activities; (b) Defendant C prepared a provisional division as if access roads were to be established for each of the divided parts after purchasing the said forests and fields; (c) Defendant A employed his employees and ordered the buyer to sell the forests and fields to be divided; (d) Defendant A had the forest buyer develop the forests and fields under the said company’s name; (c) opened the forests and fields under the said company’s name; (d) opened access roads to the surrounding areas; and (e) concluded a sales contract on a false basis as if there is a high possibility of developing them as a house for power generation; and (e) transferred the remaining money excluding allowances, etc. paid for the purchase price to Defendant C; and (e) Defendant B recruited the buyer in accordance with the direction of the said real estate agent and forest; and (e) conspired to explain the

[Judgment of the court below]

1. On May 9, 2006, Defendant B’s fraud against the victim R and S shall be the victim R and S at the above N Licensed Real Estate Agent’s Office, and “Gangwon-gun T.

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