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(영문) 서울남부지방법원 2018.11.22 2018고단717

사기

Text

Defendants shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

Defendant

A is the representative director of D Co., Ltd., the implementation of the "C Multi-Family Housing Project", and Defendant B is the inside director of the above company.

On February 2, 2017, the Defendants are implementing H apartment housing (multi-family housing) to the victim G, the representative of the F (ju) sales agent at the D office of Seocho-gu Seoul Metropolitan Government E neighboring corporation, Seocho-gu, Seoul Metropolitan Government.

Since April 2015, the land has been secured, and it is expected that the land will be sold from around April 2015.

If the sales agency pays KRW 150 million with the deposit for the sales agency, it will have the sales agency execute the sales agency.

A false statement was made that KRW 50,000,000,000 out of KRW 150,000,000,000 was given at the time of the contract, and the remainder of KRW 100,000 is changed at the time of the model house sales around April 2015.

However, around March 24, 2014, the Defendant was notified by H Urban Development Project Association that “D shall enter into a sales contract with its members in accordance with the business agreement with the Association and make payment of the purchase price, and thus the business agreement shall be terminated.” The Defendant entered into a sales contract with I around August 2014, and received KRW 160 million as a security deposit, but did not return the said security deposit upon request for cancellation of the contract and return of the security deposit, on the ground that the said project is not completely underway, and even if the Defendant received the security deposit from the damaged person, it did not have any intent or ability to force the victim to vicariously sell the said multi-family housing.

Nevertheless, on February 2, 2015, the Defendants entered into a contract for sales agency on February 2, 2015, and received KRW 50 million from the J bank account (K) in the name of the J bank account under the name of the company for sales agency on the same day.

On April 2015, the Defendants continued to ask the victim about the progress of the project. The Defendants, while showing the trust agreement with the victim, indicate the schedule of sale.

In advance, KRW 50 million out of KRW 100,000,000,000, which was made at the time of selling the model house.