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(영문) 광주지방법원 2014.02.19 2013고합248
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants shall be punished by imprisonment for three years.

However, for the defendant A from the date this judgment became final and conclusive, 4 years.

Reasons

Punishment of the crime

1. On September 201, Defendant B invested KRW 300 million in the 78-generation apartment construction project (hereinafter “instant apartment project”) on the ground of the 5 lots, Gangnam-gun, Gangnam-gun, Seoul (hereinafter “instant apartment site”) where the victim F (the 47 years of age) and G (the 48 years of age) were scheduled to enter into force with the introduction of Defendant A around September 201.

After that, while the apartment project of this case was smoothly carried out and the collection of investment money was not carried out, Defendant A received a request from the above G to the purchaser of the apartment site of this case and apartment project (hereinafter “the apartment site of this case, etc.”) on April 2012.

After the sale of the apartment site in this case by the above F and G, the Defendants anticipated that the above sale price would not be recovered in the event of the sale of the apartment site in this case, etc., and the Defendant A proposed to the Defendant B that “I would directly sell the apartment site in this case to a third party and recover the investment amount,” and the Defendant B consented thereto.

Since the Defendants did not comply with the sale of the aforementioned plan when the victims become aware of, the Defendants concealed this plan and committed the following crimes against the victims on the ground that “I”, the de facto spouse of Defendant B, was the buyer.

Defendant

A around April 3, 2012, at the K office operated by the foregoing G in the Seo-gu, Seo-gu, Gwangju, that “I will purchase the apartment site, etc. of this case from L Co., Ltd. 1.50 million won. First, the buyer means that “I prepares a provisional contract with L Co., Ltd. under the name of “I,” and then I will conclude this contract in the name of L thereafter.” On May 3, 2012, the buyer stated as “I will enter into this contract” with his female as “I will enter into this contract,” and “I will enter into this contract,” and “I will enter into the real estate transaction with his buyer F, I, and one other, and one billion won.”

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