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(영문) 서울동부지방법원 2016.04.07 2015고단233

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant: (a) at the coffee shop where it is impossible to know the trade name in the Songpa-gu Seoul Songpa-gu Seoul, the Defendant: (b) “D Co., Ltd., the representative director of which is in the inside of the hotel, is the operator of the hotel of Busan E; (c) the hotel is at least 50% of the waiting demand to sell the hotel as a clean and normal thing; (d) the hotel is possible to sell the hotel immediately; (b) the hotel is given a sales agency right to sell the hotel if it is leased KRW 100 million with the deposit; and (e) the sales agency is completed within a few months, and (e) the money borrowed at that time will be paid together.

“False speech was made to the effect that it was “.”

However, in fact, although the above hotel was entrusted to the Asian Trust Co., Ltd. and the public auction was under way, the above hotel was suspended from the above public auction and was able to sell the loan amounting to 14.96 billion won, so it was not a situation that the above public auction could be immediately sold because it was possible to repay the above loan amounting to 14.96 billion won, and the defendant was liable for the above loan amounting to 16.9 billion won, including the above loan amount at the time, so even if he borrowed money from the injured party, there was no intention or ability to pay the above loan amount at the time.

Nevertheless, the Defendant received 100 million won from the injured party by making a false statement as above, and received 100 million won from the injured party on the same day.

Accordingly, the defendant, by deceiving the victim, acquired the property from the above victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the witness C in the second public trial records, entry of the witness F in the third public trial records, and entry of the witness G in the eight public trial records;

1. Entry of a witness H's part of the five-time public trial records;

1. A service contract for each parcelling-out agency, a receipt of deposit money, a proxy contract for fund management, a certificate of the results of transfer and certification of details;

1. A certified copy of each real estate registry;

1.The application of each of the Acts and subordinate statutes to the investigation reporting.