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(영문) 울산지방법원 2012.07.05 2011고단845
사기
Text

Defendants are innocent and each of them dismissed an application for compensation order filed by an applicant for compensation.

Reasons

1. After establishing a stock company under the name of "G", the Defendants in the factory office planned to purchase the land of Ulsan-gun, Ulsan-gun, and to promote the development of tinsan-gun or mine. However, since there was no business fund, the Defendants purchased the auction proceeds to an unspecified number of victims prior to the public auction announcement, and raised them to gather business funds, as if there was a way to cut them back in advance before the public auction announcement.

On May 18, 2004, the Defendants knew that there are many investors, such as the victim F, who made a flat investment in real estate through the real estate broker I and his brokerage assistant J, and provided the above I and J with a deduction in advance prior to the public announcement of the real estate to be presented at the auction. The real estate in the total of six parcels, such as the Ulsan-gun, Ulsan-gun, Ulsan-gun, is expected to be publicly announced in the auction. However, if an investment of KRW 200 million is made, the Defendants purchased the above real estate after being awarded a successful bid and then sold it to the investors (F), and 40% of the remaining profits is divided into A, 60%, B, and J. 34 months to recover the investment amount, and return the principal by not being able to return the investment amount.”

However, the fact was that Defendant A was not a court auction employee, and even if he received such investment, he was intended to establish G Co., Ltd. and run other businesses, so there was no intention or ability to pay twice the investment amount by bidding six lots of real estate auction such as the above K, etc.

The Defendants conspired to induce the victim through I and J as above, and received KRW 100 million from the victim on May 24, 2004 as auction proceeds, and received KRW 100 million from the victim on May 31, 2004.

2. Defendants and defense counsel’ assertion and defense counsel are the Defendants’ above.

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