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(영문) 서울중앙지방법원 2013.11.06 2013고단2557

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who has implemented a canal wells development project under the name of Gyeonggi-si D, and the defendant B is a person who has been in charge of the sales of the above canal wells.

Defendant

A around June 2009, around 2009, sold the above canal wells of five roads (A-E Dong) to the victim A, and around June 2010, A, in lieu of the payment of the construction cost, sold the entire construction cost of another canal wells to the victim, and transferred the ownership of the land and the name of the owner of the building on June 30, 2010 to E, the mother of the victim.

Meanwhile, the Defendants and the above victims transferred the sale price from the number of other canal wells to the F judicial scrivener’s account to the corporate account of G (hereinafter “G”) in which the above victim is the representative director, and among them, transferred the sale price for A and E Dong owned by the Defendant under the name of H Co., Ltd. (hereinafter “H”) to the above Defendant.

The Defendants, on October 18, 201, sold to I around October 2010, and deposited the sale price of KRW 70 million in G through the F judicial scrivener’s account, and on October 18, 2010, when the Defendants stated that the above sale price is about subparagraph 101 of the Cdong at the time when the victims and the J who managed the said account with the delegation of the victims at the time, they would not transfer it to them. Accordingly, the Defendants solicited to move as if the sale price for Edong was the sale price for Edong, and then they made a false statement to the J around October 18, 2010, stating that “The transfer of the sale price was changed because Edong 1 was sold and the sale price was deposited in G’s account.”

The Defendants, as seen above, by deceiving J and its appurtenances, were transferred to H’s account the sum of KRW 64.9 million, including KRW 30 million on October 18, 2010, KRW 30 million on October 19, 2010, KRW 30 million on October 21, 2010, and KRW 4.9 million on October 21, 2010.

Summary of Evidence

1. Defendants’ respective legal statements

1. the witness K.