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(영문) 서울중앙지방법원 2019.08.21 2019고단3558

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative of a stock company C (hereinafter referred to as “C”) with the fourth floor in Gangnam-gu Seoul Metropolitan Government, who has conducted real estate sales business.

1. Around October 2010, the criminal defendant against the victim D made a false statement to the effect that “E, who is an employee of C’s office, made a phone call to the victim D and purchased and sold a forest of 7,325 square meters in size in Hongcheon-gun, Gangwon-gun, and the arboretum is expected to enter, and thus, if the land is sold in lots, he/she may obtain profit from multiple times. As the land is sold in excess of 100 square meters, it is sold in lots at KRW 20 million. If the balance is paid in full, he/she will transfer the registration.”

However, in fact C did not have ownership of the above land for G as the owner of the above land did not pay the purchase price, and there was no situation where G could prepare the purchase price to be paid. Therefore, even if the purchase price was paid from the victim, C did not have the intent or ability to implement the procedure for the registration of ownership transfer at the

As such, the Defendant, by deceiving the victim, drafted a land sales contract with the victim, and acquired the money from the victim as the down payment around November 3, 2010, and acquired the money from the victim to the national bank account in the name of C (H) in the remaining name on November 8, 2010.

2. In February 201, the Defendant against the victim I made a false statement to the effect that “C purchases a forest of 7,325 square meters in size located in Hongcheon-gun F of Gangwon-gun at the beginning of February 201 to the victim I. There is also a J in the vicinity of the purchased land, and there is also a general hospital. Also, I are adjacent to the three adjacent areas of the IC and the land value is 10 times as the land is flick, and there is a lot of people who live in the vicinity of the road. As there is no time to deposit money as soon as possible and preemptively transfer the registration if the balance is paid in full.”

However, it is true.