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(영문) 서울중앙지방법원 2013.06.18 2013고정1050

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 14, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the District Court for the purpose of fraud, and the above judgment became final and conclusive on December 22, 2012.

(State) The defendant is the representative of the planning real estate company B, and the victim C, the victim D, the victim E, and the victim F are the business employees of the above company.

On July 201, the Defendant purchased H land from the above office of the company in the Gangnam-gu Seoul Metropolitan Government Group A Dong 3 on several occasions to the victim C, and made a false statement that his employee would first make an offer before commencing the sale to others, and would return the subscription money whenever he withdraws from the intention of purchase.

However, at the time, the Defendant did not secure the ownership of the above land. Since the right to collateral security was already established for the maximum debt amount of KRW 650 million, even if he purchased the above land, he did not have the intention or ability to transfer ownership, and even if he requested the return of subscription money due to the impossibility of paying the office rent at the time of the purchase of the above land, he did not have the intention or ability to return the subscription money

Around July 8, 2011, the Defendant deceptioned the victim C and received KRW 1,250,000 from the victim C as the subscription money for the purchase of the above land, and acquired each of the above money from the victim E, around July 29, 2011, around September 2, 2011, KRW 1.5 million from the victim D, around September 2, 201, and around September 9, 201, by receiving KRW 50,000 from the victim F, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D, E, and F in the second protocol of interrogation of the accused against the police;

1. Statement to C by the police;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;