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(영문) 인천지방법원 2017.06.16 2017고합33
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

Of the facts charged in the instant case, victims K.

Reasons

Punishment of the crime

【The Defendant was sentenced to four years and six months of imprisonment for fraud at the Incheon District Court on August 11, 2010, and completed the execution of the sentence at the Daejeon Prison on April 25, 2015.

【Criminal facts】 The Defendant is a person who actually runs L Co., Ltd. (L Ma, hereinafter referred to as “L”) and N Co., Ltd. (N hereinafter referred to as “N”) established for the purpose of providing real estate investment consulting services.

The defendant did not purchase the ownership of the Seocho-gu Seoul Metropolitan Government O apartment and the right to sell the above apartment under the name of the above corporations, or was delegated by the owner or the water-sharing bilaterals.

In addition, the above corporations were established without the funds invested by the defendant or acquired in capital locked, and the defendant did not have any funds to secure the right to sell the above apartment because there was no specific property as a bad credit trader.

Accordingly, even if the defendant concludes a sales contract with the victims and receives money as the down payment such as the purchase price of the above apartment, the defendant should use the defendant's existing debt repayment etc. or return money to other investors who did not receive the purchase price, etc. from the defendant. Thus, there is no intention or ability to transfer the above apartment's right to purchase or ownership normally to the victims.

1. On April 6, 2016, the defrauded Defendant purchased a P apartment unit with the market price of KRW 510,000,000,000 from the L office located in the Nam-gu Incheon Metropolitan City R Building 201 to the victim S. (hereinafter “N”) around April 6, 201, the Defendant may purchase it at a price lower than the market price because he purchased it as an unsold apartment unit with the market price of KRW 510,000,000,000,000,000,000,000 won.

The phrase " shall be false, and it shall be an apartment against the injured party.

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