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(영문) 서울중앙지방법원 2015.08.27 2015고단3941

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the head of the E Co., Ltd. (hereinafter referred to as “E”) and the head of the F Co., Ltd. (hereinafter referred to as “F”) who entered into a service contract for the sales agency of the instant shopping district and takes charge of the sales agency business, and entered into the sales agency contract for the instant shopping district on the land of Seosan-si and 13 lots.

The Defendant, around July 2008, when the sale of the instant commercial building was poor and difficult due to financial difficulties, entered into a sales contract at the price discounted by about 30 to 40% from the actual sale price from the time of the sale to May 2009, and the sales price was transferred to other accounts, such as the account in the name of E, an executory bank, or the F, a sales agent, which is not the Gwangju Bank's joint account, and the sales price was transferred to the account in the name of E and the Gwangju Bank's joint account, not the Gwangju Bank's account.

Around June 2009, the Defendant stated to the effect that “A victim H sells D commercial buildings in Chungcheongnam-gu, Chungcheongnam-do, and investment in money may sell commercial buildings, and if the sale is not possible, the amount of investment will be returned.”

However, since the operator E and the sales agency F are in short of operational funds as above, the defendant was plans to use the funds for the operation of F even if he received investments from the victim, and there was no intention or ability to invest in the commercial building of this case.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20,000,000 from the victim as an investment deposit account in the name of E under the pretext of money. < Amended by Presidential Decree No. 21348, Jun. 25, 2009>

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Statement of each police statement about H;

1. A deposit certificate;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 21 through 24 of the evidence list);

1. Criminal facts;