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(영문) 서울중앙지방법원 2017.12.21 2017고단6725

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates D Co., Ltd. as a contractor of Ctel in Namyang-si, Gyeonggi-do.

On July 15:00 on July 15, 2016, the Defendant was introduced from F at the office located in Gangnam-gu Seoul E and 204, and “A person who completed the construction work and the main office of which the lien is exercised shall complete the construction after three months without any conditions.

It can be seen that there is a considerable profit from the sale immediately after the sale is made.

As a result, Ctel No. 803 received as a substitute payment from the executor, it is possible to sell it in lots with a large amount of KRW 95 million, the first down payment is requested. It is intended to return the money without completion of an officetel for three months.

The phrase “ makes a false statement.”

However, in fact, since Defendant A, the contractor of the instant Ctel, was suspended from around August 2015, Defendant D, a corporation running the instant Ctel, the construction of which was suspended, it was uncertain whether the construction will be completed after the lapse of three months. Since Ctel’s bankruptcy lawsuit was pending in the private company, the private party to the Ctel’s implementation of the Ctel, it was difficult to know at any time when the said lawsuit would be completed. Since D did not have any particular funds, and there was no intention or ability to sell Ctel 803 to the victim after completion of construction of Ctel within three months, and there was no intention or ability to return the money received as a down payment to the victim if the Ctel is not completed after the completion of construction of Ctel within three months.

Ultimately, the Defendant, by deceiving the victim as above, was transferred KRW 13.5 million to the account in the name of one bank in the name of the Defendant for the sales contract deposit of officetels on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of H in the protocol of interrogation of the police officer against the defendant (three times, the examination of the suspect);

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Statement of the police statement related to G;

1. Each investigation report (the sequence 8,15 in the list of evidence);

1. The name of the defendant.