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(영문) 의정부지방법원 2014.11.05 2014고단1130
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power” On November 15, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Labor Standards Act at the Seoul Central District Court on October 2, 2013, and the said judgment became final and conclusive on February 2, 2013. On August 23, 2013, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Jung-gu District Court, which became final and conclusive on April 18, 2014.

【Criminal Facts】 The Defendant is a person who operates a real estate selling company of D (hereinafter “company”) in the second floor of the Gangnam-gu Seoul Metropolitan Government C building.

The Defendant entered into a sales contract with the owner of the land to be sold in the company, paid 10% of the purchase price as down payment, and employed employees such as a consultant for sale in lots, and solicited the customer to “the land to be sold is the land owned by the company and has already been developed, and the market price is anticipated to increase, and the registration of ownership transfer is expected to be made immediately after the division of the land,” and sold the land in such a way as to prepare for balance to reduce the price to the owner of the land to be sold in return for the purchase price.

From March 2010, the Defendant paid the monthly salary and office operation expenses of the employees of the company from around March 2010 to the excessive payment of the company's monthly income and office operation expenses. The unreasonable sale of land and the conclusion of a false contract by the employees make it very difficult to finance the existing owners to pay the balance and the existing debts. In order to raise the company's operating funds in the absence of the registration of transfer of ownership of the land in lots to the existing buyers, the Defendant was asked to raise funds through the sale of new land in lots on March 25, 2010, and then paid only the down payment to the existing buyers on April 15, 2010, the land of Chuncheon City F, G, H, around April 15, 201, the I, J, K, L, M, N land, and the same date as of April 12, 2011.

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