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(영문) 서울동부지방법원 2018.08.22 2018고단132
사기
Text

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

Reasons

Punishment of the crime

On November 14, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution, and the judgment became final and conclusive on November 22, 2014.

In collusion with C, the representative director of the real estate execution company B, the Defendant, in collusion, did not have the right to operate the redevelopment area, such as Dongjak-gu Seoul Metropolitan Government D, and did not have the right to sell the apartment and did not intend or have the ability to sell the apartment to the victim E, by acquiring money under the name of the contract for sale.

On June 25, 2013, the defendant is well aware of the victim's "A representative director B of the real estate redevelopment business entity in Dongjak-gu Seoul Metropolitan Government D D, a private person executing real estate, who is a real estate redevelopment business entity."

It is intended to help the sales agency contract for the apartment and commercial buildings constructed in the redevelopment project to be concluded with C.

The phrase “A” is false, and C is the B representative director of the implementation company who purchased the land in the Dongjak-gu Seoul Metropolitan Government D D's redevelopment area from the victim at the office of the corporation located in Dongjak-gu Seoul Metropolitan Government G and H around July 12, 2013, and the victim.

The redevelopment project has the right to the land above.

It will be called as I, but it will be the J, and it will be dismissed.

B. The apartment house will be paid 3.5 million won per household to the household of 891 apartment house if the contract for the vicarious sale of the apartment house is concluded and the deposit amount of 200 million won is paid to B.

From November 2013, sale is possible.

“A false representation was made.”

On July 12, 2013, the Defendant and C received 200 million won under the name of the contract deposit for sale as the K account (Account Number) in the name of C around July 12, 2013 from the damaged party.

Accordingly, the defendant, in collusion with C, deceiving the victim, thereby deceiving 200 million won.

Summary of Evidence

1. Each legal statement of witness E and C;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement of the police statement to E:

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