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(영문) 서울중앙지방법원 2018.05.16 2017고단3062

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

E makes a false statement to the purport that, in collusion with the above E, the representative director of the FF, the Defendant, the former director of the same company, the Defendant, and the Defendant: (a) around April 17, 2008, at the (State) office located in Seocho-gu Seoul Metropolitan Government, the victim H (“F office”) purchased approximately KRW 180 real estate at approximately 180 square meters in the Gyeonggi-gu Seoul Metropolitan Government Group I located in the company, and (b) at any time, the Plaintiff could construct a new house at any time; and (c) there is a road on which the location of the real estate can be sufficiently unfolded with the vehicle.”

However, the above forest land is located within the military protection area, so even if the victim purchases it, it was impossible to newly construct the housing, and there was no large profits from the market price in the short term.

Accordingly, the Defendant, etc. received money of KRW 40 million from the injured party on the same day as the down payment and intermediate payment of real estate on the same day.

Summary of Evidence

1. Legal statement of the witness H;

1. Part of the witness J’s legal statement;

1. Partial statement of each police suspect interrogation protocol against the defendant (including H part of the statement);

1. Statement made by the police with H;

1. Part of the statement made by the police against J; and

1. A complaint, deposit sheet, certificate of confirmation, statement of payment of salary in April, copy of passbook transaction, and each check number certificate [the defense counsel asserts that there was no act of deception as stated in the facts charged, nor there was no conspiracy to commit the crime in this case E and E.

(1) However, there was a fact that the victim has consistently explained from the Defendant, J, K, etc. that “at any time a house may be newly constructed and there is a road which can sufficiently cover the location of the pertinent land by a motor vehicle,” in purchasing the instant land.

(2) If the land in this case is the blind and is subject to restrictions on the new construction of housing because it is integrated into military protection zones.