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(영문) 서울중앙지방법원 2019.01.24 2017고단3606

사기등

Text

Defendant

B A person shall be punished by imprisonment for not more than ten months.

Defendant

A and Defendant C shall be acquitted. The summary of the above acquittal judgment shall be published.

Reasons

[Criminal Facts of Crimes: Defendant B] [2017 Height3606] A] is the representative director of E Co., Ltd. in Seocho-gu Seoul Metropolitan Government, who is in charge of the business affairs of the said E Co., Ltd., and the Defendant is the representative director of the Seocho-gu Seoul Seocho-gu, Seoul, who is in charge of the business affairs of the said E Co., Ltd., and H

E Co., Ltd. started from February 2016, Seocho-gu Seoul Metropolitan Government D's public auction acceptance, and in this process, the KG was in charge of the PM business for the above D's acquisition, and the KG was in charge of the PM business for the above D's acquisition.

The defendant did not have a right to sell the above commercial building because of the lack of expenses, etc. at the time of the above commercial building acquisition, and the defendant did not have a right to sell the commercial building at all, but did not forge the sales contract and show it to the buyer as if he purchased the above commercial building from the Dispute Settlement Council.

Accordingly, on March 2016, the Defendant displayed a forged sales contract with the above H, and ordered the buyer to recruit the buyers.

Since then, H believed that E corporation had the right to sell the above commercial building on March 2016, 2016, concluded a sales contract with a trust company with the victim M in the L coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the purpose that “Seoul corporation entered into a sales contract with the trust company for the above commercial building. When concluding a sales contract with the above commercial building N and paying the down payment amount of KRW 50 million, it may sell and profit within two months, and if it fails to sell within two months, it would return KRW 50 million.”

However, the fact that E Co., Ltd did not enter into a sales contract with the KJ for the above commercial building, and there was no possibility to sell it to the victim, and the defendant could not refund the price to the victim within two months due to the lack of financial situation at the time.