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(영문) 서울남부지방법원 2015.11.10 2015고단83
사기
Text

Defendant

A Imprisonment with prison labor for two years and for two years and six months, respectively.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2015Kadan83] The Defendants, as married couple, operated the F Licensed Real Estate Agent Office in Yangcheon-gu Seoul, Yangcheon-gu, Seoul from around 2002 to February 8, 2009.

While the Defendants were running a business that mainly purchased apartment or commercial building sales tickets and sold profits from selling them, the sales of apartment and commercial building purchased from 2007 due to government regulation and real estate economy, etc. was not conducted at all. Accordingly, the Defendants conspired to acquire money of the purchase fund in the name of the purchase fund of commercial building, even if they were to receive additional money from the purchase fund of the purchase fund, such as commercial building sales right, even though they did not have an intent or ability to make profits from the sale of the purchase fund, or to immediately repay the principal of the purchase fund, because they did not have an interest and tax on the loan of the purchase fund of the apartment and commercial building as security each month required for the purchase of the apartment and commercial building.

1. On February 21, 2008, the Defendants conspired to commit fraud against the victim G at the I health club located in Yangcheon-gu Seoul Metropolitan Government H, and then acquired KRW 30 million in total from the victim for seven occasions, including the transfer of KRW 50 million from the victim to the new bank account under the name of the Defendant for the purpose of the investment in commercial sales right at any time, on the part of the victim G, by falsely stating that “There is a large number of profit if sold at the expense of selling at the expense of the lender, 10% of the monthly profit if the lender would be paid at the expense of the lender, and the principal shall be returned at any time.”

2. The Defendants conspired with the victim J to receive KRW 385 million from August 25, 2008 at the F Licensed Real Estate Agent Office, and from December 2004 to December 38, 2004, at several times under the pretext of investment in the sale of commercial buildings.

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