beta
(영문) 서울동부지방법원 2021.02.16 2020고정474

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

On August 20, 2018, the Defendant obtained the exclusive authority to sell the loan from the Dong-gu, Yongsan-gu, Yongsan-gu, Seoul Metropolitan City B lending Co., Ltd. to sell the loan on behalf of the Defendant.

The Defendant stated in the written indictment around August 20, 2018 as “ around August 20, 2019,” but it appears to be a clerical error.

At the real estate office located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City “E”, the C Co., Ltd. was authorized to sell the loan of the two parcels of the Dongyang-gu Seoul Special Metropolitan City B.

The bill of indictment by August 30, 2018 is written “by August 30, 2019,” but it appears to be a clerical error, if it appears to be a clerical error.

It is intended to receive a loan of KRW 175 million as collateral, which deducts KRW 1550 million from the purchase price, and return KRW 20 million remaining after deducting KRW 150 million.

“False speech was made to the effect that it was “.”

However, the Defendant stated in the indictment on August 31, 2018 as “the person on August 30, 2019,” but it appears to be a clerical error.

The exclusive sales delegation contract with C & C was scheduled to be terminated, and even if the sales contract was concluded according to the power of delegation, the buyer did not have the right to receive the down payment and the balance directly from the buyer, and it was thought that the contract was used for the personal purpose, such as the introduction fee, etc. by receiving the down payment from the injured party, and there was no intention or ability to receive the loan of KRW 175 million as security of the above lending G.

Nevertheless, the Defendant entered into a sales contract for the above sub-paragraph G from the injured party, namely, at the seat of the injured party, and obtained one copy of the check at the face value of KRW 15 million issued at the H bank interest-dong branch as the down payment, and acquired it by fraud.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's partial statement F of the police's statement to the defendant, a copy of the contract for real estate sale, a copy of check (one million won per annum) and a copy of the exclusive power of attorney;

1. Criminal facts;