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(영문) 서울중앙지방법원 2014.06.11 2013고단2805 (1)

사기

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of E company with the purpose of real estate enforcement business.

On March 19, 2012, the Defendant: (a) introduced the victim I to open a brine apartment at the site of the construction of the H main apartment complex in the Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) and (c) drafted a “brine Agreement” with the victim to the effect that “after receiving KRW 70 million from the victim and allowing the victim to operate the brine apartment at the construction site of H main apartment within three months; and (d) received KRW 70 million from the victim, the Defendant would allow the victim to operate the brine at the construction site of H main apartment at H main apartment within three months.

However, in fact, the defendant was unable to pay the land price to the Korea Land and Housing Corporation which is the owner of H main apartment site, and the land sales contract with the Korea Land and Housing Corporation was cancelled on November 16, 201, and it was impossible to grant a building permit because it was impossible to secure the ownership of the site. In addition, the situation where the model house construction was delayed due to the failure to prepare an amount equivalent to 1.6 billion won of the model house construction for sale, and even if the defendant received money from the victim, he did not have the intent or ability to allow the victim to operate the brin restaurant.

On March 19, 2012, the Defendant, by deceiving the victim as above, obtained KRW 70 million from the victim to the post office account (Account Number:J) of E Co., Ltd. in return for the establishment of the brin restaurant around March 19, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness K in the court;

1. Statement made by a witness I in the fourth protocol of the trial;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. A copy of the agreement on a cafeteria;

1.The replies to inquiries by the Korea Land and Housing Corporation;