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(영문) 서울중앙지방법원 2014.08.21 2014고단4529
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant on January 19, 2005, who was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Central District Court for the same year.

6. 24. The execution of the sentence was completed.

[2014Kadan4529] On August 23, 2007, the Defendant stated that the Defendant would give KRW 350 million to the victim G, a financial director of the FF corporation in the process of constructing the Busan Ho-gu E apartment at the D hotel coffee shop located in Gangdong-gu Seoul Metropolitan Government, upon receiving a request from the victim G, who is a financial director of the F corporation in the process of constructing the said apartment, for raising funds to sell the said apartment.

However, the fact that the defendant was in an economically difficult situation at the time that the defendant was unable to prepare for living expenses, so even if the name of the above apartment sale right was changed from the victim, there was no intention or ability to raise funds by selling it.

Nevertheless, the Defendant, by deceiving the victim as above, obtained the right of sale in relation to the above E Apartment 101, 204, 305, 508, 1206, and 1207 from the victim around August 23, 2007, which is equivalent to KRW 350 million from the victim.

[2014 Highest 4617]

1. Around December 7, 2007, the criminal defendant against the victim H stated, through I, at the certified judicial scrivener office located in the Dong-dong, Dongjak-gu Seoul Metropolitan Government, that “The victim has the right to sell the E apartment No. 101 Dong-dong 204, and if he/she lends money as security, he/she will give 5% interest per month and pay the money by March 6, 2008.”

However, the above E apartment 101 Dong 204 received a request from G, which is a financial director of the FF corporation in the process of construction, to raise funds through the above apartment sale contract, rather than paying the sale price and acquiring it normally. At the time, the above apartment was in a state where the construction was suspended. On July 20, 2007, the real estate compulsory sale procedure with respect to the above apartment is entirely secured value such as the commencement of the real estate auction procedure.

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