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(영문) 울산지방법원 2016.10.27 2016고단1873
사기
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On April 4, 2014, the Defendant told the victim of the planning real estate office, a planning real estate business entity in Ulsan-gu, Ulsan-gu, that works for the Defendant, that is, “The part of the company sales of an Amphak Apartment apartment in Ulsan-gu, Ulsan-gu, still remains, and if investment is made in approximately KRW 20,000,000,000 out of the down payment 40,000,000 won, the Defendant would make a sales contract by combining the down payment and dispose of it as a simple disposal, thereby taking part in the profits therefrom.”

However, it is true that there was no other income from the planning real estate company at the time, and there was no intention or ability to purchase the above Asian wave sales right even if the victim received additional investment money from the victim because 20,000 won invested from other creditors, including the bond company, received demand for repayment from the victim around February 2014 as the purchase right of purchase of bonds.

The Defendant received 20,100,000 won from the victim to the Agricultural Cooperative (E) account in the name of the Defendant for the same day of investment.

B. The Defendant around April 16, 2014.

In the same place as in the same paragraph, the victim made a false statement to the effect that "if an investment is made in the general industrial complex located in the monthly village of the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, it would pay the profits and principal to the public."

However, in fact, the Defendant purchased the said site with money invested from other investors, including bank loans of KRW 350,00 and the victim, after being awarded a successful bid for 250 square meters for the above site by public sale, and sold the said site by reporting losses due to the lack of living expenses, etc., and the amount of money invested by the victim is not sufficient to be used for personal purposes. Accordingly, it is ultimately invested from the victim.

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