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(영문) 수원지방법원 2016.08.16 2016고합56
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment became final and conclusive.

Reasons

Criminal facts

[2016 Gohap 56] The Defendant is a person working at the E-real estate brokerage office located in 102 of the business building in Young-si, Young-gu, D, and Ga.

The defendant around November 30, 2013, at the above office, there is a way to purchase apartment in lots even to those who do not meet the qualification to move into a national apartment house with LEL (LH).

Since the apartment sale right has a huge premium because of the high competition rate in the apartment sale, it can be seen as a false profit through resale if it invests in this case.

However, in fact, a person who does not meet the requirements for occupancy of national rental housing at the time was unable to purchase apartment units supplied by the Korea Land and Housing Corporation, and the Defendant purchased rental apartment units supplied by the Korea Land and Housing Corporation even if having received investments from the injured party, and then reselled the right to sell rental housing units supplied by the Korea Land and Housing Corporation and did not have the intent or ability to pay the injured party a high-amount of investment proceeds. Rather, the Defendant intended to use

Nevertheless, the Defendant, as seen above, received 40,000,000 won from the victim to the Agricultural Cooperative (G) account under the name of the Defendant from the victim for the investment in apartment, from April 21, 2015, from around 370 to around April 21, 2015, the Defendant, as indicated in the attached Table 1, received the total sum of 8,164,041,290 won from the victim’s above agricultural bank account, etc. (hereinafter “victim FF investment money of this case”).

around September 2013, the defendant of "2016 Gohap 77" may pay money to the victim H when he/she has invested in the apartment sale right at the time of Sejong City.

A false statement was made to the effect that it would be 10% of the investment funds as profits.

However, in fact, the defendant did not have the intention or ability to invest in the apartment sale right at the time of Sejong.

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