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(영문) 서울중앙지방법원 2014.07.25 2013고단7939
사기등
Text

Defendant

A shall be punished by imprisonment for a year and six months, and Defendant B shall be punished by imprisonment for a year.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant A worked as the representative director of the F Co., Ltd. F (hereinafter referred to as “F”) on the second floor of Gangnam-gu Seoul E-building, and Defendant B worked as the former director of the said company.

1. Fraud concerning G land in Chungcheongnam-gun, Chungcheongnam-gun;

A. On November 2010, the Defendants made a false statement to the victim H on the second floor of the Gangnam-gu Seoul E building stating that “The Defendants will be subject to the registration of ownership transfer immediately upon the payment of the purchase price for the land.” The Defendants made the false statement to the effect that “The purchase of the above land is responsible for and developed by our company, and may obtain a lot of future profits.”

However, at the time, Defendant A’s financial situation was difficult to provide employees’ benefits. Accordingly, the Defendants were to receive the purchase price of the land from the victim and use the land as the corporate operating fund. Furthermore, the above land was not the land owned by the Defendants, but the land owned by the third party, and even if the Defendants received the money from the victims, they did not have the intent or ability to register the ownership of the said land to the victims.

As a result, the Defendants conspired to induce the victim as above, and then defrauded 30 million won to the national bank account in the F’s name as the price for the sale of the said land from the victim on November 26, 2010; 5 million won on November 30, 2010; 10 million won on December 30, 201; and 10 million won on July 5, 201; and acquired 32.5 million won in cash and 4.5 million won on July 15, 201.

B. The Defendants were on September 201, 201, serving as the Defendant’s First Lieutenant.

at the place referred to in subsection (a) above the victim

A person who is requested to register the ownership of the land purchased, such as paragraph (1), and the victim, "in addition to the land previously purchased, it is easy to develop the land more additionally.

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