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(영문) 서울중앙지방법원 2015.11.26 2013고단5808 (1)

사기

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

All of the facts of “2013 Highest 5808” stated on September 20, 201, that “A corporation E office located on the 14th floor of the Gangnam-gu Seoul Metropolitan Government D building, and victim F (n, 48 years old), “A construction work is carried out in the history from March 2012, 201 on the land of 165 p.m. G, G, Gangwon-do, G, G, 165 p.m. to purchase the said land at KRW 580,000,000 for the last time, then up to KRW 1,50-1,8 million per ordinary.” If the remainder is paid within one week, the registration of the Republic of Korea shall also be 2% for the payment of the remainder.”

C entered into a sales contract with the victim for about 100 of the 165 square meters of the above land at the end of the aforementioned false statement, and then received a total of KRW 57 million from the victim to the national bank account in the name of E corporation for eight times, such as in cash payment of KRW 1 million on September 24, 2011.

C Around October 2011, at the E office under the preceding paragraph, the victim made a false statement to the victim stating, “If the purchase fund of 65 square meters remaining 165 square meters out of the land 165 square meters of the Hanwon-gun G land that was contracted at the time of the disaster is insufficient, it is intended to substitute the 196 square meters of Gangwon-do H forest in the vicinity of the Guwon-gun. This is also a good land with history.”

C entered into a contract with the victim for the purchase and sale of the H land of KRW 196,00,000,000 for KRW 580,000 per square meter, total amount of KRW 11,3680,000 for KRW 1,000,000 on October 28, 2011 with the victim, and received a total of KRW 5,458,00,000 from the victim on two occasions, including KRW 5,580,00 from the national bank account in the name of E corporation, and KRW 4,588,00,00 on December

Criminal facts

On April 2012, the Defendant stated, at the above E office, that “The Defendant would make a balance receipt of KRW 67,813,200 with the same amount as that of the land that the said Party entered into a contract with our company.” Moreover, the Defendant concluded that “The remainder of the balance of KRW 67,813,200, KK land 200 is gh., the Housing Site Development Co., Ltd., and is a very good land at a distance of 40 minutes from Seoul to 40 minutes.”

However, the land purchase and sale contract was concluded earlier.