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(영문) 수원지방법원 안양지원 2017.05.26 2015고단1875
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a representative of a private person (ju) D, and the victim E entered into a contract for the sale of the above canal wells on July 17, 2009 with a private person (ju), who is a real representative of the company for the construction of another canal wells on the site above the interest of the actual owners of the FF and 17 parcels in Namyang-si, Namyang-si, and the defendant and the victim entered into a contract for the sale of the above canal wells.

1. The Defendant, at around September 4, 2009, tried to attract the purchase of other canal wells by raising funds against the father in Gangnam and raising funds to the victim in the name of real estate business entities. On the other hand, the Defendant, once sold the other canal wells in the name of real estate business entities, and then, returning the other canal wells that have been sold in the name of the Fund to the investors of the Fund.

Since it is necessary to create an atmosphere in order to create the fund, it stated to the purport that real estate business entities will be able to engage in the work of introducing funds to investors.

However, as above, the Defendant did not have the intent or ability to actually carry out the H-day sales business by creating the fund and in fact there is no intention or ability to carry out the said business.

The victim transferred 11,00,000 won to a single bank account under the name of the defendant.

Accordingly, the defendant was given 11,00,000 won by deceiving the victim.

2. On September 2009, the Defendant needs to additionally cover the costs of raising funds to the victim in the first place of police officers.

“The purport of “,” was to the effect that the victim was unable to pay any more costs, and that “(State) shall prepare a written resolution of expenditure stating that the private person (State) in the construction company claims the sales agency fee from the construction company (State) and, on the face of note, the pertinent written resolution and (State) shall receive the funds from the I to use the funds for the fund raising funds in the fund.”

However, the defendant is actually willing or ability to carry out the above canal voucher sales business through the creation of the fund.

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