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(영문) 광주지방법원 순천지원 2020.04.14 2020고단485
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

As a de facto marriage relationship with B, the Defendant opened a real estate agent office with C, a licensed real estate agent, around March 2017. Around that time, upon introduction of C, the Defendant received money from the victim D who visited in order to receive apartment sales consultation, as an investment deposit, and then offered not to pay the money within the agreed period after using it as living expenses, etc. of the Defendant and B or receiving the money as a loan borrowed.

1. B made a false statement to the effect that, according to the above public offering on June 22, 2017, “B may obtain profits twice if the victim has invested KRW 20 million in purchasing land within the green belt zone before the expiration of the period where the luminous market had cancelled the green belt zone located on the luminous dong at the time of the expiration of the period.”

However, even if the defendant and B received investment money from the victim, they were plans to use the real estate agent's office operating expenses and living expenses, etc., and there was no intention or ability to purchase land within the green belt zone in Magyang-dong.

B, as above, by deceiving the victim as above, received from the victim a total of KRW 10 million on the same day and KRW 20 million on July 17, 2017, including KRW 10 million on the same day under the pretext of investment, from the victim, to the F Association account (G) in the name of the defendant.

2. On July 29, 2017, the Defendant made a false statement to the effect that “it is difficult for the Defendant to cancel a green belt in the Mineyang-dong to cancel it” to the victim, “In addition, KRW 30 million,000,000,000,000 in total, which is 50,000,000,000,000 in total, invested in the purchase of E apartment commercial buildings, may obtain profits to the extent of twice.”

However, even if the defendant and B receive investment funds from the victim, they are plans to use them as operating expenses and living expenses of the licensed real estate agent office, and purchase the above E-style commercial building.

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