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(영문) 부산지방법원 2017.01.13 2016고단6086
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On June 1, 2015, the Defendant made a false statement to the effect that “The victim E shall be paid KRW 30,000,000,000,000 as principal and principal as well as the proceeds when investing KRW 50,00,00,00,00 in D real estate with the Defendant’s operation of the Defendant, located in Busan-gun, Busan-gun, Busan-gun, for the purpose of 102, 104, 104, 300,000,000,000,000.”

However, the fact is that there is a high possibility that the trial and the construction will be changed, and the defendant was not confirmed to be in charge of the sales agency, and even if he received the investment money from the injured party, he did not have the intent or ability to return the principal and the profits to the injured party.

Around June 19, 2015, the Defendant was transferred KRW 50,000 to the post office account (F) in the name of the Defendant from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. Around August 2015, the fraud accused related to G commercial building made a false statement to the effect that “The victim H and the victim E are engaged in the sales agency business of Gangseo-gu G commercial building in Busan Metropolitan City within the month after the sale, but the first floor remains at KRW 70,000 from 80,000 to 80,000,000 as they sold within the month after the sale, and the six floors after the sale are remaining within the two months after the sale.”

However, in fact, the defendant was willing to raise the market price of the above commercial building by attracting new investors in the above commercial building with a premium attached to the above investor, and thus, there was no intention or ability to actually sell the above commercial building to the victims. Furthermore, the enforcement company was prohibited from resale for the above investment purpose, and thus, it was not possible to attract new investors, and even if other investors are induced, the purchase price is operated by the defendant.

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