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(영문) 서울중앙지방법원 2015.01.29 2013고단5808

사기

Text

Defendant

A Imprisonment with prison labor for one year, for six months, and for eight months, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to imprisonment with prison labor and six months at the Seoul Central District Court on August 23, 2013 and the said judgment became final and conclusive on August 31, 2013.

[2013 Highest 5808] Defendant A is the former president of K, a so-called planning real estate company in the 13 and 14th floor of Gangnam-gu Seoul J building 13 and 14.

1. On September 20, 201, Defendant A stated, at the K Office located on the 14th floor of the Gangnam-gu Seoul Gangnam-gu Seoul Gangnam-gu J building, Defendant A’s employees, that “The 48 years old will impair the registration of Indian Sea at the rate of 2% if the said land was purchased at the rate of 5.80,00 won for the construction of a new history from March 2012 to the 150,000 won per square day at the time of the construction of a new history from March 2012 to the 150-18 million won per square day.”

However, the construction of the above land was not scheduled at all, and there was no intention or ability to transfer the registration to the victim normally even if he received the payment from the victim.

Defendant

A entered into a sales contract with the victim for the amount of KRW 100 out of the 165 square meters of the above land, and then received the total amount of KRW 57 million from the victim on September 24, 2011 as shown in attached Form 1, such as the payment in cash from the victim on September 24, 2011, from the victim, to the national bank account (O) in the name of K corporation.

2. At the K office around October 201, 201 in the preceding paragraph, Defendant A falsely concluded that “If the purchase fund of 65 square meters remaining 165 square meters of the land N in the Hanwon-gun, Hanwon-gun, Hanwon-gun, who entered into a contract, is insufficient, Defendant A will substitute for purchase the land of 196 square meters near the Hanwon-gun, Hanwon-gun, Hanwon-gun, which is an employee of Defendant A. This is also a good land that has a history.”

However, the above land has not been scheduled for the construction of the Crail as well as the construction of the Crail.