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(영문) 서울중앙지방법원 2016.12.22 2016고단2938

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who has served as the representative director of F Co., Ltd., the E-real estate trading company of the third floor of the Gangnam-gu Seoul Metropolitan Government D building.

The Defendant of “2016 Highest 2938” stated to the effect that, on August 2010, the Defendant transferred the ownership of 1320 square meters out of the above land to the victim C through G, who is an employee of the said company, “I will return the price in full if I will confirm the site within one week and return the price.”

However, in fact, the above land was not owned by the above company, and the defendant purchased the above land and did not have funds to register the ownership transfer to the victim. Since it was thought that he will use the money received from the victim to pay expenses for the operation of the company and repayment of debts, so there was no intention or ability to transfer the ownership of the above land to the victim

Nevertheless, the Defendant deceiving the victim as above and was issued KRW 120 million by a cashier’s check from G to G, that is, from the victim’s seat.

Accordingly, the defendant was given property by deceiving the victim.

On January 28, 2010, the Defendant purchased I Apartment 205 Dong 1002 from F Co., Ltd. land of Hamnam-gun H and four lots of land from the victimJ through his employee G on January 28, 2010. On the five-7 anniversary of the development of this area, it would give an opportunity for the victimJ to purchase the land.

However, the above land was not owned by F, and the defendant purchased the above land and did not have funds to register the transfer of ownership to the victim, and paid money from the victim to the company operation expenses.