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(영문) 서울중앙지방법원 2017.03.03 2016고단2858

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On January 31, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the Seoul Central District Court on August 8, 2013, and the above judgment became final and conclusive on February 8, 2013. On July 4, 2014, the Seoul Central District Court sentenced two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on July 23, 2015, which became final and conclusive on January 23, 2015. On December 10, 2014, the Seoul Central District Court sentenced eight months of imprisonment for fraud and two years of suspended execution to be decided on December 18, 2014.

[2] The Defendant, on November 25, 2010, can purchase the right to sell LIG apartment units located in Dongjak-gu Seoul Metropolitan Government around November 25, 2010 through G from “F real estate” to the victim H through “G apartment units located in Dongjak-gu Seoul Metropolitan Government.”

A contract for sale may be issued in the middle of December under the confirmation of construction works.

“The phrase “ was false.”

However, from October 2010, the above IG apartments could not be normally transferred to the defendant as the J, which concluded the above IG service contract with the above IG from around October 201, failed to pay the purchase price to the union normally due to the accumulated accumulation, and the defendant was well aware of this situation at the time.

Therefore, even if the defendant receives money from another person under the pretext of selling the above LIG apartment, he did not have the intention or ability to sell it through J.

As such, the Defendant: (a) received KRW 150 million from the injured party as the down payment from the damaged party; and (b) received KRW 25 million as the intermediate payment on March 15, 201; and (c) acquired KRW 175 million in total as the purchase price for apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness H;

1. Statement made to K in the police statement;

1. Complaint;

1. Agreements, checks and receipts in front of himself;

1. A previous conviction: He/she shall inquire about criminal history and report the results of his/her previous convictions;