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(영문) 인천지방법원 2017.08.10 2015고단8101
사기
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant’s status relationship is a person who actually operates E Co., Ltd. in Yeonsu-gu Incheon Metropolitan City and built and sold a ground building on the land of the F block in Nam-gu Incheon Metropolitan City (hereinafter “instant building”).

2. Criminal facts;

A. On March 9, 2010, the Defendant prepared a sales contract with the victim G who wishes to sell the first floor of the instant building 103 through employees in charge of the sales affairs at the distribution office located in the Nam-gu Incheon Metropolitan Government, Incheon, and then deposited the sales price into the bank account (H) of E, the Defendant will sell 103 units later and make the registration of the transfer of ownership.

“A false statement was made to the effect that it was “.”

However, in fact, the land of this case is one corporation, one of which is entered into a trust agreement with the other corporation, and should deposit the sale price into the trust account, but can obtain lawful sale of the above 103 and register the transfer of ownership, and it was impossible to claim legitimate rights in the case of deposit into the account under the name of E.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred the total amount of KRW 450,690,000 to the account (H) of the above E under the pretext of the sale price of KRW 30 million on March 9, 2010; and (c) KRW 146,00,000 on March 19, 2010; and (d) KRW 274,690,00 on April 2, 2010; and (e) received the remittance of KRW 450,690,00 in total from the victim.

B. On March 9, 2010, the Defendant prepared a written contract with the victim I who wishes to sell the instant building 323, 324, and 325 through employees in charge of the sales affairs at the above sales office, and would have the victim deposited the sales price into the account of E’s bank account (H), 323, 324, and 325, and would have the ownership transfer registered.

“A false statement was made to the effect that it was “.”

However, in fact, the land of this case is one of the status of entering into a trust contract with a multi-party trust, and it is required to deposit the sale price into a multi-party trust account, but it is against the above 323, 324, and 325.

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