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(영문) 수원지방법원 2016.02.17 2015고단5150

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

To properly arrange the facts charged

1. On October 31, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in support for the development of the Suwon method, and the above judgment became final and conclusive on April 15, 2015 due to the Defendant’s dismissal of appeal and waiver of appeal.

2. The Defendant recruited several parts of C building from February 2005 upon the request of E, the representative director of D&C, the private party to the execution of C building 220 households, to invite people to sell C building.

Accordingly, the defendant called the victim F on April 2008 by telephone to the victim F, and "The defendant owns several defense rooms in the Gu Council C building."

Among them, one of them will sell 75 million won higher than the market price, and will make a registration of transfer of ownership without any problems.

“In the end,” and on April 21, 2008, the Government made a statement to the same effect as the victim in the Gu building C.

In this fact, the C building was completed on March 2005 but could not lawfully proceed with the sale procedure due to the lack of approval from the government office, which is the competent government office, and the right of sale was double and the registration of various provisional dispositions was completed against all households. Since July 2005, the subcontractor asserted the right of retention of the C building due to the payment of the construction cost, etc., and from February 2006, the subcontractor claimed the right of retention from 176 households among the total 220 households by expanding the possession of the 176 households and claiming the right of retention. Accordingly, even if receiving the payment from the damaged person, it was impossible to lawfully conclude the sale contract, and the transfer of ownership was impossible. The defendant was involved in various clearly in the sale lawsuit in compliance with the aforementioned construction business operator's right of retention, and thus, he did not have any ability to transfer the ownership from the damaged person even if he was aware of such circumstances.

The Defendant, by deceiving the victim as such, is the victim, and the cost of selling one unit of the C building to the victim is KRW 75 million.