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(영문) 수원지방법원 2019.06.27 2018고단7221

사기등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 18, 2016, the Defendant was sentenced to the suspension of the execution of three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Suwon District Court on the same day, and the said judgment became final and conclusive on December 30

【Criminal Facts】

1. On December 16, 2014, the fraud Defendant stated that “B building E is owned by the LAF, and building B is owned by H, I, and J. It is jointly owned by the LAF director, and each owner was delegated the sale of each commercial building. The building E will be sold in KRW 1.1 billion, and building G will be sold in KRW 500 million, respectively.”

However, in fact, the Defendant, as a business director of the Real Estate Co., Ltd., a real estate sales company, concluded a sales contract to purchase B building E and G on behalf of the K and paid only the down payment, and did not pay the down payment, and thus the intermediate payment was not made, and thus, the Defendant was not entrusted by the Fund of the Dispute Resolution, H, I and J. Therefore, even if the victims received the down payment in the name of the down payment from the victims, the Defendant did not have any intent or ability to transfer the ownership of B building E and G.

Nevertheless, the defendant received a copy of KRW 100 million check from the victims as down payment on the same day.

Accordingly, the defendant was provided property by deceiving the victims.

2. The accused of forging private documents: "Real estate sale contract, (B building E), and in blank on a computer on December 16, 2014," the seller's credit rating fund, purchaser C, D, supply amount 1,100,000,000,000,000, contract deposit, and the date of payment, December 16, 2014, the amount of money 80,000,000,000, the intermediate payment, the date of payment, January 17, 2015, the balance, 50,000,000,000,000, 520,000,000,000,000,000,00 on February 16, 2015, and 520,00,00,00,000,000: L/ (hereinafter omitted), in Gyeonggi-do, and the purchaser's name, address, and Seoul Special Metropolitan Government.