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(영문) 서울남부지방법원 2021.02.16 2020고단4759

사기

Text

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

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

Reasons

Punishment of the crime

The Defendant around May 18, 2017, at the Seoul Office of the Dispute Resolution Co., Ltd., located in Songpa-gu Seoul Metropolitan Government (hereinafter referred to as “victim Co., Ltd.”) around May 18, 2017, to E, the representative director of the Victim D Co., Ltd. (hereinafter referred to as “victim Co., Ltd”), “The first floor and second floor of the G Apartment Development Project, which is executed by C at the Flju-gu Seoul Metropolitan Government, is KRW 255 and 255,000,000,000 in total, a daily unit price of KRW 1.65 billion.

Upon paying KRW 300 million with the agreed amount, the contract deposit shall be KRW 465 million, KRW 765 million for the first down payment, KRW 765 million for the second down payment, KRW 7665 million for the third down payment, KRW 765 million for the fourth down payment, KRW 7765 million for the fourth down payment, KRW 3.825 million for the last down payment, and KRW 3.5 million for the victim company to receive sale of the second and second commercial buildings until December 15, 2017. The agreed amount shall be paid by December 31, 2017, and the contract amount shall be paid by penalty of KRW 150 million until December 31, 2017.

However, on July 19, 2016, the defendant had already entered into a contract to supply the above G apartment commercial building to the KUH, etc., and received KRW 500 million as a down payment, and the above apartment development project was entrusted to the KUB and cannot be sold in a regular manner without the approval of the KUBB. At the time, it was difficult for the defendant to sell the above commercial building to the victim company in a normal manner, and the above apartment project funds deposited into the KIB bank account can be used only with the approval of the KUB, and if the above commercial sales contract was not made with the victim company, the defendant did not have any intent or ability to pay the principal or penalty to the victim company according to the agreement.

As above, the defendant deceivings the above E and is therefore affiliated with it, the defendant shall have the face value of 270,000,000 won in the issuance of K Union issued by the victim company at its own face value and 30,000,000 won in front of the check.