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(영문) 서울중앙지방법원 2014.10.22 2013고단962

사기

Text

A defendant shall be punished by imprisonment for two years.

The application of this case by the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On April 28, 2010, the Defendant was sentenced to two years of imprisonment for a crime of fraud in the Suwon District Court Ansan branch on April 28, 2010, and the said judgment became final and conclusive on October 14 of the same year.

On February 28, 2007, the Defendant stated that “Around February 28, 2007, the Defendant signed a sales contract with the victim G at the Gangnam-gu Seoul Seomdong office stating to the effect that “A company was built by the domestic company and received a J-type reconstruction apartment with payment in kind in Dongdaemun-gu Seoul and H and I. It would sell at a price higher than the market price, which is 160 million won higher than the market price, due to the need for electricity supply because the company’s circumstances are not good.”

However, in fact, the defendant did not have the right to sell or sell the above apartment, so even if he received the above money from the victim, he did not have the intention or ability to sell the above apartment.

The Defendant, as such, deceiving the victim and deceiving him from the victim, i.e., 80 million won from the victim; the same year.

3. 9. 80 million won in total was granted 160 million won.

On January 11, 2007, the Defendant stated that “Around January 11, 2007, the Defendant, through K, L, and M, received a re-building apartment built in N, Dongdaemun-gu H, and Jin-building apartment built in I as a substitute, and sold it to 100 million won at a lower price than the parcelling-out price because it is urgently needed to pay money.”

However, around August 21, 2006, the Defendant had no intention or ability to sell the above apartment to the victim, even if he received the sale price from the victim, because he did not have the right to sell or sell the apartment in lots. The Defendant had no intention or ability to sell the apartment in lots even if he received the sale price from the victim.

As above, the defendant deceivings the victim and belongs to it.