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(영문) 서울중앙지방법원 2015.12.24 2015고단989

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2014, the Defendant was sentenced to six months of imprisonment, eight months of imprisonment, and a fine of one million won at the Seoul Central District Court on the grounds of fraud, etc., and the said judgment became final and conclusive on August 8, 2014.

On April 30, 2012, the Defendant concluded that, “Around April 30, 2012, the Defendant leased 301, Dogra 301 from the Defendant’s residence in Gangnam-gu Seoul, Seoul, to transfer Dogra 301 to the victim “I will have an officetel in the current state where Dogra 301 is in the present state, and at the price of the lease deposit for Dogra 301. I would be able to pay the purchase price with the lease deposit for the house living in the present.”

However, in fact, the Seoul Guro-gu Seoul Metropolitan Government Office 612Na 501 or 701, which states that the defendant would transfer ownership to the victim at the lease deposit price for 301 Dogra 301, decided to commence voluntary auction on November 29, 2010 as the owner of HJ Co., Ltd., and on April 30, 2012, 10, 501 was sold to I, and 501 to J., and 701 was in progress. The defendant did not notify the victim of the fact even though he was aware of the fact, and there was no intention or ability to withdraw a voluntary auction by repayment to the creditors and to transfer ownership to the victim.

On April 30, 2012, the Defendant: (a) by deceiving the victim, sold 1 bonds of officetels (one bonds of 612, 501, and 701) in Guro-gu Seoul Metropolitan Government (one bonds of 612, 501, and 701) to the victim; (b) concluded a contract for the sale of real estate to terminate the lease agreement for Dogra 301 and to substitute the deposit with the sales amount for Dogra 301; and (c) received Dogra 301 from the victim, the Defendant was exempted from the obligation to return the lease deposit amount of 35 million won and acquired pecuniary benefits equivalent to the same amount.