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(영문) 서울동부지방법원 2019.10.11 2018고단3707
사기
Text

The accused shall dismiss an application for compensation by the applicant for compensation of the acquitted;

Reasons

1. Summary of the facts charged

A. On December 27, 2015, the Defendant stated that “A building in Gwangjin-gu Seoul Special Metropolitan City and the office located in D subparagraph B received the F apartment unsold goods from the wife population in Gyeonggi-do, and that “The F apartment unsold goods in Gyeonggi-do shall be paid to the victim B”. The Defendant concluded a contract for acceptance and made it possible to sell it by proxy.”

However, the fact that the defendant did not receive the above F apartment unsold goods, and even if he received the money from the victim, he did not have the intention or ability to exercise the right to sell the above apartment.

As a result, the Defendant, by deceiving the victim and let the victim transfer the amount of KRW 3 million to the national bank account in G around December 28, 2015, KRW 10 million to the agricultural bank account in H around December 29, 2015, KRW 3 million to the national bank account in I’s name, and KRW 16 million to the national bank account in December 30, 2015.

B. Around June 29, 2016, the Defendant, at the above E office, proposed that the victim B be awarded an order for the K reconstruction project located in the area of 1401 square meters of Seosan-gu, Jungsan-gu, and nine lots of land outside J. In the event of the death of the day, the Defendant would be granted the right to sell apartment units on behalf of the victim. The term “the payment of KRW 2 million is required as the money is required for the contract formation” and displayed the delegation of delegation, agreement, design service, and the main multi-family apartment project analysis table.

However, the fact that the defendant did not carry out the K reconstruction project and there is no ability to carry out the said reconstruction project, so even if he receives money from the victim, he did not have the intention or ability to exercise the right to vicariously sell the apartment related to the K reconstruction.

In this respect, the defendant deceivings the victim, and he obtained 2 million won from the account in the name of E to the account of community credit cooperatives in the name of E on July 1, 2016.

2. Determination

A. Determination on the fraudulent part caused by the fraud of KRW 16 million (the part concerning the charge in indictment) 1) The prosecutor shall be deemed to be the F apartment located in the wife population (hereinafter “F apartment in this case”) of the Defendant at the time of tolerance-si.

(b).

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