beta
(영문) 서울동부지방법원 2014.09.12 2014고단1822

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

The defendant is the actual operator of corporation E, a planning real estate company in Gangnam-gu Seoul Metropolitan Ro Building.

From February 2, 2011, the Defendant received the purchase price from the purchaser of the land in Taean-gun, Chungcheongnam-gun with the foregoing company Jeon Jong-gun from the purchaser, and decided to sell the price by paying the price to the landowner and transferring the ownership of the purchaser.

Pursuant to the above sales method around March 201, 201, B recommended the victim T who is an employee of the above company to purchase the land as follows: "If a bridge or a submarine tunnel connects Andodo from the river area, if any, the land can be punished for a big amount of money through the penta project by obtaining permission as a tourist farm."

3. Around 30. Around May 9, 201, a false statement was made that “The above land is forest land under the name of A, and the land price of 31.2 million won is deposited into the company account by May 9, 201, thereby transferring the ownership on the face of the State.”

However, even if the sales performance of the above company was low and received from the victim, the defendant used it for the payment of office operating expenses, employee's wages and allowances, and since the situation where it was impossible to pay the price to the landowner, the defendant did not have any intention or ability to transfer the ownership of the land to the victim.

Nevertheless, the defendant may belong to the defendant on March 30, 201 from the victim and on March 30, 201 from the same year.

4. One million won on the 21. 1st of the same month, seven million won on the 22th of the same month, the 28th of the same month, and the same year; and

5. 9. 4.2 million won was remitted to the said Agricultural Cooperative account under the name of the said company, and the victim was replaced by the land price of KRW 7 million, including three million, which was not paid while working as the said company’s business employee.

As a result, the Defendant, in collusion with B, was given KRW 31.2 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning T;

1. The defendant and the defendant, including a land sales contract, a certified copy of the register, and a remittance receipt;