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(영문) 서울중앙지방법원 2015.10.14 2015고단2344

사기

Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is a current or former operating director of the Dispute Resolution E, and Defendant B is a person who has substantially operated the Dispute Resolution E.

Defendant

A around July 6, 2013, the victim G at the scene F (hereinafter “instant land”) stating that “When the instant land has been knocked and the remainder payment has been completed, A may immediately complete the registration of ownership transfer for the subject land at the company.” The false statement stating that “A would sell 330 square meters of the H share land at a lower price than 58,000 square meters per square meter at a price at which 693 square meters per square meter is less than 693 square meters.”

Defendant

B received from June 25, 2013 a report from Defendant A, accounting staff, etc. to conclude a sales contract on the instant land with the victim, and ordered the conclusion of the contract.

However, unlike the above explanation, the Dispute Resolution E was the highest bidder with respect to the auction of the land in this case, but the bid was not finalized, and in fact, the landowner H was unable to receive the bid by filing a lawsuit of objection against the claim and applying for suspension of auction execution.

In addition, the Dispute Resolution Co., Ltd. was unable to pay the wages of its employees on July 2013 because there was almost little sales, and the auction deposit was not paid without receiving the money from the victim, and the remainder of the land price received from the victim is used not as the successful bid price but as employee wage, etc. In fact, even if the victim receives the money from the victim, there was no intention or ability to sell the land to the victim.

Nevertheless, as above, the Defendants entered into a land sales contract on July 6, 2013 by deceiving the victim. On July 8, 2013, the Defendants received KRW 20 million from the intermediate payment on July 8, 2013, and KRW 53 million from the remainder on July 9, 2013, as the case may be, KRW 53 million from the remainder on July 9, 2013.

As a result, the Defendants conspired to acquire 53 million won from the victim.

Summary of Evidence

1. Defendant B-.