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(영문) 서울서부지방법원 2020.08.19 2019고단3681

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the actual operator of the LAB which is a real estate development and consulting company.

On November 4, 2016, the Defendant stated that, at the Busan metropolitan hotel coffee shop, the Defendant: “The sales agent acquired apartment construction business to F, and the acquisition price is required.” On November 4, 2016, the Defendant said that “The acquisition of the above business would lend KRW 200,000,000,000,000,000,000,000 won.”

However, in relation to the above apartment construction project, the defendant, on May 9, 2016, included KRW 1 billion in the initial project cost in advance, and entered into a contract for land services and business rights transfer under the condition that 200 million won should be paid within 2 months, but the above contract for business rights transfer was reversed, and the defendant did not have any right to the above apartment construction project, and the defendant was not capable of raising KRW 1 billion in the initial project cost due to the lack of any capital, so even if he received money from the victim, he did not use it as the acquisition price for business rights, or did not have any intent or ability to exercise the right to sell the above new apartment construction project as an agent, even if he received money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received each transfer of KRW 20 million to the H bank account in the name of the H bank account (I) operated by the Defendant, and acquired KRW 45 million in total. < Amended by Presidential Decree No. 28079, Feb. 19, 2017; Presidential Decree No. 28079, Apr. 16, 2017; Presidential Decree No. 28070, May 19, 2017; Presidential Decree No. 28175, Jun. 10, 2017; Presidential Decree No. 2820, Jun. 20, 2017; Presidential Decree No. 2

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Each investigation report (suspect J telephone conversations, witness K wire statement, hearing report on complainants' telephone statements, hearing report on the right to sell in lots and hearing report on K telephone statements related to the right to sell in lots);

1. Account transactions (No. 45 No. 5 of the evidence list);

1. A written agreement, a certificate of entry and withdrawal, and a contract for the acquisition of land services and business rights;