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Reasons
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(영문) 서울남부지방법원 2018.12.19 2018고단5690
사기
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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On November 2015, the Defendant, at the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government D and 501, reported to the victim E that “Notwithstanding having no intent or ability to purchase a building from a public auction, the Defendant received KRW 120,000,000 from the victim E to purchase the second bonds of the building from a public auction, and the remainder, if the remainder is paid KRW 150,000,000,000,000,000,000,000,000,000,000,000,000 won, from the victim’s new bank passbook under the victim’s name and the money deposited in the account from the victim on November 20, 2015, and received the total of KRW 15,00,000,000 from February 27, 2017 as the purchase price of the building from the victim’s account.

2. On April 1, 2017, the Defendant received the victim E in the Seocho-gu Seoul Metropolitan Government “G” restaurant from the Defendant on the ground that there was no building purchased in the name of the victim, and thus, did not pay taxes, such as acquisition tax on the building, etc., on the said building. In so doing, the Defendant received the victim a total of KRW 150 million on April 6, 2017 from that time to July 1, 2017, with the victim’s receipt of KRW 150,000,000,000 from that time under the same name as the same four times until July 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Statement made by the prosecution against E;

1. Statement of E in the police interrogation protocol for the accused;

1. Statement made by the police for E;

1. Complaints of E preparation;

1. Investigation report (to attach a new statement of transaction in the bank account in the E name) and a detailed statement of transaction;

1. A detailed statement of transactions (referring to an inquiry about liquidity transaction of an account in a new bank account under the E name);

1. A certified copy of each real estate registry;

1. Recording (No. 11 of the evidence list).

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