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(영문) 서울동부지방법원 2019.06.12 2018고단4238
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Criminal facts

Defendant

On September 19, 2014, A was sentenced to two years of imprisonment for fraud at the Seoul Central District Court for six months, and was finalized on September 27, 2014, and Defendant B was sentenced to three years of suspended sentence in imprisonment for one year and six months at the same court on July 7, 2016 and confirmed on November 19, 2016.

Defendant

B A around November 2012, a planning real estate company was established and operated by the KAB, and Defendant A was affiliated with C from November 201, 2012 to operate the said company.

On January 2, 2014, the Defendants made a false statement to the victim E on the seventh floor of the Gangnam-gu Seoul Building, stating that “The victim E will acquire 165 square meters of forest land, among forest land in Gangseo-gu Seoul Special Metropolitan City, from KRW 47.5 million. When paying the purchase price, the Defendants would transfer the ownership of the said forest land.”

However, on October 7, 2013, C entered into a contract with G to purchase five parcels of land, including H, I, J, and K in total at KRW 138 million,00,000,000 for the same day, and paid the down payment of KRW 14 million until November 14, 2013, but it did not acquire ownership by failing to pay KRW 124 million until November 14, 2013, which is the remainder date.

On the other hand, from August 2009 to July 201, Defendant B was unable to settle the related debt by failing to pay the unpaid benefits of employees in the process of operating the LAB L, and Defendant A began to operate C in the past planning real estate operation process with a debt equivalent to approximately KRW 180 million, which occurred in the course of operating the former planning real estate, and Defendant A began to operate C in the state where there is no time to pay. Around 150,000,00 won due to the basic salary, performance rate, office rent, operating expenses, etc. while operating the company, the amount of KRW 150,00,000,000 is continuously incurred due to the increase in the wind cost and the sales proceeds of the land only, which is the only revenue of the company, are difficult to cover the operating cost, and thus, the victim is the victim who was in arrears from around 2013.

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