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(영문) 서울중앙지방법원 2016.12.09 2016고단3705
사기
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[Criminal Justice] On October 25, 2005, Defendant A was sentenced to six months of imprisonment for fraud at the Seoul Central District Court on September 20, 2006 and completed the execution of the sentence.

【Criminal Facts】

1. Defendant A and Defendant B’s co-principal - “2016 Highest 3705” are those engaged in the construction execution business, sales agency business, etc. on the three floors of the Gangnam-gu Seoul Metropolitan DD Building E Co., Ltd. (hereinafter “E”), and Defendant B is the relatives of Defendant A, who worked in the former E.

The Defendants were willing to attract funds from victims G to use them as living expenses or company operation expenses, etc. due to the shortage of financial resources, which were known by the introduction of F while the Defendants experienced difficulties in the operation of E.

From August 2008, the Defendants made a false statement to the effect that “The Defendants would purchase and sell the real estate held by the Korea Land Trust in E” to the victims G. The right to sell the real estate to the said real estate is changed to KRW 300 million as the deposit for the sale of the real estate. Upon the commencement of the sale of the real estate, the Defendants would return the deposit within one month thereafter.”

However, the defendants did not have an economic ability to purchase real estate owned by the Korean Land Trust, and even if they received money from the victims, they did not have an intention or ability to return it as living expenses, office rent and operating expenses.

Nevertheless, on August 29, 2008, the Defendants received KRW 100,000 from the victim as a deposit for the sale of goods by proxy, and received KRW 30,000,000 from the victim, on October 17, 2008, a check was issued at KRW 30,000 (the check number: I). On October 22, 2008, the Defendants received KRW 50,000 from the victim, such as remittance of KRW 20,000 to the above foreign exchange bank account around November 28, 2008.

Accordingly, the Defendants conspired with each other.

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