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(영문) 서울중앙지방법원 2014.01.22 2013고단2651

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 11, 2010, the Defendant purchased the said private letter in the name of D from the Kandong Association of Korea, the owner of the Yandong-gu Btel 1st underground floor, the Hanyang-gu Association of Korea, the Hanyang-gu, the Hanyang-gu Association of Korea, to purchase the said private letter in the name of D, and paid 50 million won as the down payment on the day. On the same day, the Defendant paid the down payment. The Defendant substituted the private letter or the service deposit with the remainder and paid the balance by August 11, 2010.

On August 11, 2010, the Defendant paid 9,2430,000 won as part payments on several occasions upon the request of the C church, and did not pay any balance due to the shortage of funds until August 11, 2010. On August 13, 2010, the Defendant prepared a written statement under the name of D, stating, “The full amount of security deposit for services of the above-mentioned private loan shall be paid to the C church in full and appropriated for the purchase price, and at least 300,000 won out of the purchase price shall be paid until August 30, 2010 to the C church, and at the same time as the loan of financial rights until September 10, 2010, the balance of the purchase price in this case shall be paid to the service-related persons as well as to the balance of the service-related persons, but if so,

Since then, the CCC shall:

9. Until October, 100, the Defendant sent a certificate of content that prohibits entry into and exit from real estate and cancel a sales contract, which did not result in the payment of the remainder, and the Defendant was under the circumstances where the construction cost was insufficient and the construction cost was not paid to the said friendship or construction business operator.

즉 사실은 피고인이 C교회에 매매대금조로 지급한 돈이 1억 4,243만원에 불과하고, C교회와의 분쟁 및 잔금을 마련할 만한 능력이 없어 소유권이전도 불투명하며, 사우나 시설 공사업자들에게 공사대금도 제대로 지급하지 못하는 등으로 피해자 E과 위 사우나의 스낵코너에 대한 임대차계약을 체결하고 보증금을 받더라도 피해자에게 스낵코너를 운영하도록 해 줄 의사나 능력이 없었다.

Nevertheless, there is a need to do so.