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(영문) 서울중앙지방법원 2014.11.28 2014고정4072

사기

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is the representative of planning real estate in Gangnam-gu Seoul Metropolitan Government B building 202.

On July 1, 2013, at the above C office, the Defendant concluded a real estate sales contract with the victim D, stating that “The Gyeonggi-gun E team was designated as a special tourist zone, and the real estate in its place is an area that would be developed, such as the creation of amusement parks, such as museums and lodging facilities, and it would be registered immediately if it is purchased because it is possible to do so.” As of July 1, 2013, the Defendant entered into a real estate sales contract with the victim and the victim to receive KRW 45 million in total for KRW 300,000,000 from the Gyeonggi-si F, Gyeonggi-gu, the total amount of KRW 1.5 million per square.

However, the fact is that the defendant was the owner of G, and the defendant entered into a real estate sales contract with G, but the defendant did not have the intent or ability to make a normal registration even if he was paid only part of the down payment and did not pay the remainder.

The Defendant, as such, by deceiving the victim and receiving KRW 5 million in cash from the victim on July 1, 2013, as well as KRW 30 million from the account of a corporate bank C Co., Ltd. on July 1, 2013;

7. 17. The same account was given a total of KRW 40 million,000,000,000 as the real estate trade price.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of land sales contract, deposit statement, and certified copy of the real estate register;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;