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(영문) 광주지방법원 2018.10.18 2017고단5788
사기등
Text

[Defendant A] Defendant A is punished by imprisonment with prison labor for one year and eight months.

[Defendant B] Defendant B shall be punished by a fine of five million won.

Reasons

Punishment of the crime

[Defendant A] On November 28, 2017, Defendant A was sentenced to imprisonment with prison labor for two years and six months at the Gwangju District Court for fraud, etc. and the said judgment became final and conclusive on April 12, 2018.

[2017 Highest 5788 (Defendant A and Defendant B)] Defendant A is the representative of F, and Defendant B is the employee of F.

The victim E introduced Defendant B with a good investment source related to “real estate investment”, and visited the (L) office located in Gwangjubuk-gu, Gwangju, on April 5, 2017, and met the Defendants.

The Defendants, at the above date and place, would allow the victims to sell in their own name 'I' shopping district Jho-ho, Kho-ho and Lho-ho (hereinafter referred to as the "instant shopping district") which is being attached to the H and 2 lots of land in Gwangju Northern-gu, and would allow the victims to resell it within one month and take a view of the profits of KRW 10 million.

“Finally false.”

However, in the case of Defendant A, at the time of the sale of the commercial building in this case, the Defendants were under investigation by having filed a complaint several times, and the financial situation of the F was very difficult. In order to normally sell the commercial building in this case, the construction of the commercial building in this case paid a total of KRW 3.2 million to the owner of the commercial building in this case. In addition to the down payment amount of KRW 24 million paid to the owner of the commercial building in this case, it was difficult to pay the intermediate payment and remainder. If the intermediate payment and remainder are not paid, the down payment is likely to be cancelled, despite the risk of the cancellation of the sales contract, even if the intermediate payment is used at will, the down payment is paid to the owner of the commercial building in this case, and it was difficult to return the down payment amount of KRW 4 million to the victim if the contract is terminated, and there was no intention to pay the damage and the remainder amount of KRW 5 million in total.5 million.

Nevertheless, it is not appropriate.

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