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(영문) 서울중앙지방법원 2013.05.29 2012고단5825

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From March 22, 2007, the defendant was in office as the representative director D of the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd.

On April 19, 2007, the Defendant made a false statement to the victim G in the F Office of the Dispute Resolution Co., Ltd. in the fourth floor of the building in Gangnam-gu, Seoul, to the effect that “The Dispute Resolution Co., Ltd. acquired the land purchase right, completed the land purchase contract, and confirmed that the land purchase right was a PF loan to the Solomon Savings Bank, and obtained the construction participation letter from modern construction and obtain the business license from the competent authority. Therefore, the Defendant would make the right to sell commercial buildings by December 2007, a deposit amount of KRW 300 million.”

The defendant acquired the right to construct the above main apartment complex from the K-A-A-A-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-

As above, the Defendant, by deceiving the victim as above, received 50 million won as a deposit for performing the contract in relation to the right to sell in lots from the victim, that is, the Defendant received 90 million won under the same name as the deposit for performing the contract in relation to the right to sell in lots, and was remitted to the national bank account in the name of the

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The statements of witnesses G and K in the second protocol of the trial;

1. An interrogation protocol of the accused by the prosecution (including L and G substitute part);

1. Each police interrogation protocol against the accused (including L and K substitute part);

1. Each police suspect interrogation protocol concerning L (including G substitute part);

1. The I Commercial Complex Sales Agency contract, receipts, business transfer/acquisition agreement, agreement, each real estate sales contract, each real estate register, written indictment, and written judgment shall be applicable to the statutes.