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(영문) 서울중앙지방법원 2014.04.17 2013고단5806
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On April 12, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Western District Court for fraud, and the said judgment became final and conclusive on September 12, 2012.

The Defendant, as the representative director of the FF Co., Ltd. (hereinafter referred to as “F”), who is a planning real estate company located in the 10th floor of Gangnam-gu Seoul building, was in charge of water color and purchase of the subject land, and was to acquire the ownership of the land by paying only a down payment to the purchaser of the subject land at the time of purchase of the land, by collecting a large number of buyers necessary for resale with the purchase of the land, by paying intermediate payments and remainder from the purchase price received from the purchaser, and then doing business in the way of completing the registration of ownership transfer to the purchaser by dividing the land, so it was impossible to conduct the registration of ownership transfer to the purchaser, and as long as the purchaser was not recruited, it was not able to acquire the real estate purchase price by deceiving the purchaser, even though it was impossible to normally reduce the registration of ownership transfer due to the cumulative debt of 2.1 billion won from the beginning of 2011 due to the lack of corporate

Around April 9, 2011, the Defendant, through the aforesaid H and I, made a false statement to the victim J on the F office located on the 10th floor of the Gangnam-gu Seoul E building, stating that “The Defendant would immediately transfer ownership upon the payment of the purchase price of the said land, to KRW 137,000 square meters per square meter.”

However, on April 4, 2011, the Defendant entered into a contract to purchase L with the land owner in KRW 346,50,000, which is the purchase price, and paid only KRW 35,000 as the down payment, and it is difficult to operate the company to the extent that it is difficult to pay monthly pay to the employees.

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