서울중앙지방법원 2016.05.12 2015고단7527



Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.


Punishment of the crime

The Defendants around August 1, 2014, at the L Office located in the Dongjak-gu Seoul Metropolitan Government K, Defendant A used on August 1, 2014, the victim M is running the apartment business of 924 households in the Dongjak-gu Seoul Metropolitan Government N Group, and the purchase of land and the execution of funds have been completed.

The project shall proceed immediately.

On November 2014, the around 2014, a model voucher is constructed and entered in the notice of sale.

The term "the amount of KRW 50 million shall be changed to the deposit money for the sale of buildings in units to be selected as the sales agent."

However, the Dongjak-gu Seoul Metropolitan Government N Total Land was in a state of suspension of apartment development projects due to many disputes, and only consultation on the purchase of land and the loan of project funds was underway, so it was impossible to actually promote apartment development projects due to the lack of funds to purchase the land at the time.

Nevertheless, on August 5, 2014, the Defendants conspired with the victim to induce the victim to enter into an agency contract for sale in the name of the victim’s corporation operated by the victim, and acquired the total sum of KRW 50 million from August 11, 2014 as deposit money under the agency contract for sale of apartment units from the victim to the agricultural cooperative federation account under the name of the defendant A, by fraud. < Amended by Act No. 12535, Aug. 14, 2014; Act No. 12548, Aug. 30, 2014; Act No.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of the witness M;

1. Each part of the prosecution and police interrogation protocol against the Defendants (including the part concerning theM statement)

1. Statement made by the police in relation to M;

1. A complaint;

1. Application of statutes to a sales agency contract, certificate of remittance confirmation, service contract, investigation report (KB real estate trust P telephone communications report);

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. Although the amount of damage on the grounds of sentencing under Article 62(1) of the Criminal Code of the suspended sentence was not much significant and there was no agreement on the reimbursement of damage or agreement, it is a crime committed with doluence or intentional negligence, and it is very exclusive.