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(영문) 서울중앙지방법원 2017.01.19 2016고단5124

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 12, 2015, the Defendant issued a false statement to the victim F, “If the Defendant is a joint representative of the Company E in Gangnam-gu, Seoul, and the company received 16 households unsold in Seocho-gu, Seoul, by LH Corporation, an offer amounting to KRW 160 million, it would sell the unsold apartment unit of KRW 108 Dong 702,000,000 and make a registration of ownership transfer on July 19, 2015.”

However, there was no intention or ability to register the transfer of ownership by selling and selling the above apartment No. 108 Dong 702 to the victim because the defendant had not received 16 households unsold in the above G apartment from LH construction in the above case where the defendant actually worked as the representative.

Nevertheless, on June 19, 2015, the Defendant: (a) by deceiving the victim; (b) obtained at the above E office around June 19, 2015, a sum of KRW 160,000,000,000 in front of the 150,000 won in face value and cash from the victim; and (c) obtained by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to F;

1. Complaints, G subscription forms, and receipts;

1. A certified copy of the E-corporation registry;

1. Investigation report (to have telephone conversationss at the rental and supply team of the SH), and outputs on the SH construction website;

1. Investigation report (referring to a witness H telephone investigation);

1. An investigation report (in full view of the above evidence, the Defendant, at the time, did not have any authority regarding the apartment of this case, and only sent to the SH Corporation with the intent to unilaterally purchase the apartment of this case, and did not have any authority to receive reply from the Corporation or obtain any authority. However, even if the Defendant trusted the expression of H that he would cause the apartment of this case to be unclaimed, he/she believed only his/her speech without undergoing the legal verification procedure that would sufficiently make it possible for the Defendant to do so.