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(영문) 인천지방법원 2013.09.12 2013고단2847

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 28, 2013, the Defendant was sentenced to one year of imprisonment at the Incheon District Court, and the said judgment became final and conclusive on August 19, 2013.

1. On October 19, 201, the Defendant entered into a contract to sell subparagraph 826 among the above E to the victim C at the third floor E sales office of the building in Nam-gu, Incheon Metropolitan City, the third floor E-sale office, and the said real estate is owned by F Co., Ltd. working as a managing director and made a false statement as if the ownership transfer can be possible if only the sale price is paid.

However, the fact is that F Co., Ltd. did not pay the balance of the purchase price of the above real estate, and F Co., Ltd. did not register the transfer of 1/2 of the above real estate's co-ownership shares, and at the end, F Co., Ltd. registered the provisional disposition of prohibition of disposal on September 22, 2011. Thus, even if the defendant received the sale price from the victim, he did not have an

The Defendant, by deceiving the victim as such, received KRW 1,00,00 from the victim under the pretext of the sale price by credit card, i.e., by the credit card, and received KRW 16,370,00 from the one bank account under the name of F Co., Ltd. on October 20, 201, and deposited KRW 22,860,00 in the same name around October 27, 201, and received KRW 16,33,500 in the same account around March 27, 2012, and acquired KRW 56,563,50 in total four times.

2. Around December 13, 2011, the Defendant entered into a contract for the sale of 812 units among the above E in the third floor E sales office of the building D, Nam-gu, Incheon Metropolitan City, with the victim G around December 13, 201, and the said real estate is owned by F Co., Ltd. working as a managing director, and the transfer of ownership was possible if only the sale price is paid.

However, the fact is that F Co., Ltd. did not pay the balance of the purchase price of the above real estate, and F Co., Ltd. did not register the transfer of 1/2 of the above real estate's co-ownership, and Madododoz.