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(영문) 대전지방법원 2016.11.17 2015고단3957
사기
Text

Defendant

A Imprisonment with prison labor for two years, for one year and six months, and for two years, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the representative director of (ju)G, who is the real estate consulting company, and Defendant B is the director of the above company. Defendant C, as the auditor of the above company, was engaged in the above company and jointly operates the above company. Defendant A shared the overall affairs of the above company, Defendant C shared the affairs of purchasing real estate and training members, and Defendant B shared the affairs of selling real estate purchased.

On October 2014, the Defendants concluded that the 13th floor of the Seo-gu Daejeon H building was “The Defendant B would make a lot of profits if the purchase of the site of Dongdaemun-gu Seoul City is scheduled to redevelopment, and would make a registration of transfer of ownership as soon as the purchase of the real estate immediately.”

However, the above site was established with the establishment registration of a mortgage of KRW 221,00,000 on the above site, and the Defendants did not have any intent or ability to transfer the real estate purchased by the above victim normally because there was no funds to revoke the establishment registration of a mortgage over the above site.

The Defendants: (a) conspired the victim I and the five victims, including the victim I and the 76 square meters of the J site in Dongdaemun-gu, Seoul; (b) entered into a sales contract with the victim on October 17, 2014; (c) received a total of KRW 50,000,000 as the down payment, including KRW 10,000,000 under the name of the account in the name of (ju) G on the same day; and (d) received a total of KRW 40,000,000 under the remaining name of the 24th day of the same month from October 17, 2014 to February 5, 2015; and (d) received a total of KRW 216,640,000 as the purchase price for part of the said real estate from five victims, such as the victim I, to obtain a loan of KRW 50,000,000 to the existing real estate as the collateral on March 30, 2015.

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