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(영문) 대구지방법원 서부지원 2019.03.15 2018고단1086
사기등
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On December 16, 2016, A was sentenced to imprisonment with prison labor of one year and six months in the Daegu District Court for fraud, and the judgment was finalized on August 11, 2017.

Defendant

C The additional fund transfusion is urgently required due to the financial situation of the LAD operated by C, and the defendant B decided to collect the investment funds of the LAD and to receive a certain amount of fees from the defendant C according to the amount, instead of collecting the investment funds of D.

1. Joint criminal conduct between Defendant A and Defendant B

A. From November 5, 2015, the Defendants’ embezzlement and embezzlement together with the victim H, who is the husband of G and G, in the F association sales office located in Daegu-gu Dong-gu, Daegu-gu. around November 5, 2015, “If the F association was established and J apartment is sold in lots after joining the said association, at least KRW 50,000,000 shall be attached to the said association at the time of sale on May 2016. When selling in lots, the amount of premium would be at least KRW 50,000,000. When selling in lots, there is a lot of profit in selling in lots.” G and the victim would be entitled to join the said association under the name of the Defendant, and the victim would be allowed to obtain the consent of the victim, enter into a membership agreement under the name of the Defendant A, and made the victim to deposit in the name of 5,050,000 won under the name of the victim of the apartment sales contract and transfer it to the K Housing Association.

On March 18, 2016, the Defendants terminated the above membership agreement, and Defendant A received the return of KRW 42.5 million out of the down payment to L’s account under the name of L on March 18, 2016, and wired the means of access to M’s account to Defendant B on the same day, and delivered the means of access to M’s account to Defendant B. On March 23, 2016, Defendant B arbitrarily received the return of KRW 10 million to Defendant A’s account under the name of M, and Defendant B received the victim’s down payment.

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