logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.02.16 2016고단1395 (1)
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

F is a person who was the representative director of G Co., Ltd. for the purpose of real estate consulting, etc., and the defendant was a former inside director of the above company.

In fact, Defendant and F conspired to acquire money in the name of the investment money by deceiving the above company as the executor of the apartment construction, even though the above company did not have the capacity to carry out the above construction because it did not have any way to raise certain funds, and even if it did not have the capacity to carry out the above construction, the above apartment construction could not have the capacity to carry out it as a sales agent.

Accordingly, around August 2013, F entered into a contract with H on the side of the GS construction with respect to this apartment, and if only the loan is confirmed from the K non-investment securities, F can immediately implement it.

In this regard, the phrase “a request is made to introduce and conclude a contract on condition that the right to sell in lots is granted,” and around September 11, 2013, H believed this to be true, followed the victim I in relation to the apartment building “GYYYYY 1364-6 U.S., Ulsan-gu, Ulsan-gu, U.S., Ulsan-gu. 1364-6.”

The reason was that the apartment sales agency’s authority to sell apartment units is to pay KRW 400 million.”

However, in fact, even if the Defendant and F received investment money, they thought that they will be consumed for personal purposes. At the time, other companies than G had already been selected as the executor of the above construction, and G had no capacity to perform the above construction as well, and therefore, they did not have the ability to exercise the right of vicarious sale to the victim.

After all, as above, Defendant and F received from the injured party on the same day the remittance of KRW 50 million as the down payment through the Busan Bank account (J) in the above G name.

Accordingly, the defendant, in collusion with F, deceiving the victim and take the property by deceiving him.

Summary of Evidence

1. Each legal statement of the defendant and F;

1. Statement concerning the examination of the suspect of F by the prosecution;

arrow