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(영문) 서울중앙지방법원 2017.11.21 2017고정2152
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, around June 3, 2016, in the Seoul Songpa-gu L and 208 Dispute Resolution Office of the Victim M M, the defendant will receive delegation from the representative of the executor who implements the E-building project and will give the victim the right to sell the land by proxy if he pays the deposit amount of KRW 20 million in relation to the right to sell the land.

The sale of buildings in units may be made from July 7, 2016.

“A false representation was made.”

However, the defendant did not have the authority to re-building projects, so even if the victim receives the deposit for the sale of buildings in units, he did not have the intention or ability to exercise the right to

The Defendant, as such, deceiving the victim and committing such deception, to a new bank account under B (State) name from the damaged party, to KRW 15 million on June 3, 2016, and the same year.

6. On January 21, 21, 200, 200,000 won, including KRW 5 million, was remitted as a security deposit for sale by proxy and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Application of Acts and subordinate statutes to filing a complaint, contract for sale by proxy, and copy of remittance;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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