(영문) 서울동부지방법원 2016.10.27 2016고단815

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(영문) 서울동부지방법원 2016.10.27 2016고단815

사기

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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 2014, the Defendant entered into a contract with the victim G and H to purchase the F Real Estate Office located in Seongdong-gu Seoul Metropolitan Government for the first floor No. 101 and the second floor No. 201 J (hereinafter “instant real estate”) of Seongdong-gu, Seoul, and the second floor No. 1, and the second floor No. 4. 201 (hereinafter “instant real estate”). The Defendant solely takes over the instant real estate and acquired the same cost and jointly operated the Fice Center. The Defendant acquired 3 billion won of the secured debt of the right to collateral security established on the instant real estate, which shall be returned to the purchaser, and the remainder of 1.5 billion won shall be divided into 1/3, and the remainder shall be borne only by the incidental expenses. The Defendant already paid 500 million won to K with the down payment, which shows the false receipt signed by K, which bears the remainder of 500 million won.”

However, the defendant did not pay the seller K the down payment of KRW 500 million.

As such, the Defendant deceptioned the victim G as if the funds necessary for acquiring the instant real estate were paid KRW 500 million. From March 19, 2014 to September 3, 2014, the Defendant had the victim G pay KRW 774,440 million in the name of the acquisition price of the instant real estate and the incidental expenses, and had the victim H pay KRW 89.6 billion in the same name from April 28, 2014 to October 24, 2014. On June 30, 2015, the Defendant acquired the instant real estate from the victims by acquiring the instant real estate from the victims as co-ownership of the Defendant’s wife and the victims, thereby having acquired the instant real estate from the victims.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Examination protocol of the accused by the prosecution (including the part concerning G and H substitute part);

1. Prosecutor's office and police interrogation protocol of K;

1. The police statement of G and H;

1. The NongHyup Bank's letter of confirmation of transfer, each foreign exchange bank's details of transactions;

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