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(영문) 서울남부지방법원 2015.12.16 2015고단1899

사기

Text

Defendant is punished by imprisonment with prison labor for the crimes of 2015 Go-Ma1899, and the crimes of 2015 Go-Ma3918, which are decided by the Supreme Court.

Reasons

Punishment of the crime

[Criminal Power] On April 10, 2013, the Defendant was sentenced to a suspended sentence of six months for fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on April 18, 2013.

【Criminal Facts】

From March 11, 2013 to the completion of sale, the Defendant made a false statement to the victim F, at the D office located in Yeongdeungpo-gu Seoul Metropolitan Government E Co., Ltd., Ltd., the Defendant concluded that “The Defendant would have the right to carry out the H apartment project in five lots of land outside Jeon Jong-gu, Seoul, and the H apartment project. When paying the sales agency deposit, the Defendant would have the right to carry out the sales agency business of the said apartment from March 11, 2013 to the completion of sale.”

However, on May 13, 201, the Defendant acquired the above construction site from J on May 13, 201, and entered into a contract to pay the total purchase price of KRW 5.5 billion within one month after entering into the contract, and the intermediate payment of KRW 1.8 billion within two months after entering into the contract, but did not pay the remainder of the purchase price. Therefore, the Defendant did not have the authority to exercise the right to exercise the right to exercise the right to exercise the right to sell in lots. As the above apartment construction site is in an unstable state of loans, due to the following: (a) the above apartment construction site and the right to exercise the right to exercise the right to exercise the right to exercise the right to sell in lots has been paid to J in the future; and (b) it is uncertain whether the right to obtain the right to purchase in lots or is to receive the construction on behalf of the victim as a sale deposit money, even if the Defendant received the money from the victim as a sale agent.

Around March 6, 2013, the Defendant, by deceiving the victim, received 30 million won as a sales agency deposit money from the victim and acquired it by deception.

around May 25, 2011, the Defendant of the 2015 Highest 3918 [2015 Highest 3918], at the office of the Seocheon-dong, Seoul Special Metropolitan City, Seocheon-gu Construction Co., Ltd., Ltd., for the victim K, “the construction works from I of the company in the Jeoncheon-Eup City, Jeon