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(영문) 대전지방법원 2019.10.18 2019고단2130
사기
Text

Defendant

A and Defendant B shall be punished by imprisonment with prison labor for one year, and by imprisonment with prison labor for one and half years.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A On March 10, 2017, the Daejeon District Court sentenced three years of suspension of the execution to two years of imprisonment for fraud, and the judgment was finalized on March 18, 2017. On November 17, 2016, Defendant B was sentenced to two years of suspension of the execution to one year and six months of imprisonment for the same crime in the same court on November 17, 2016, and the judgment became final and conclusive on November 25, 2016. Defendant C was sentenced to three years of suspension of the execution to two years of imprisonment for the same crime in the same court on November 17, 2016 and became final and conclusive on March 18, 2017.

Defendant

A is the representative director of (ju) D, who is the real estate consulting company, and Defendant B is the director of the above company, and Defendant C is the auditor of the above company and jointly operates the above company. Defendant A bears the roles of the overall affairs of the above company, Defendant C bears the roles of purchasing real estate, selling real estate, and training business employees, and Defendant B takes the roles of selling real estate purchased.

Defendant

C) On November 2014, at the closure room of the fifth floor of the F Hospital in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, “The Dongdaemun-gu Seoul City H site is expected to be redevelopment, so much profits may be paid to the victim G. Even if redevelopment is not conducted, it may obtain profits of KRW 4 to 500,000 per month designated as a cultural distance, and may obtain profits from the franchise business. As soon as real estate is purchased, the registration of ownership transfer will be completed immediately.”

However, the above site was established with the establishment registration of a mortgage of KRW 221,00,000,000 on the above site. The Defendants did not have the intent or ability to normally transfer the real estate purchased by the above victim as there was no funds to revoke the establishment registration of a mortgage, and there was no possibility of gaining such profits every month.

The Defendants conspired with the Defendants to induce the victim as such, and the Defendants are 9.9 square meters out of 76 square meters of the Dongdaemun-gu Seoul Metropolitan Government H site around November 12, 2014 with the victim.

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