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(영문) 서울중앙지방법원 2014.11.21 2013고단5741
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2013Kadan5741] The Defendant is a person who actually operated the company D, a real estate development trading business from around 2003 to around 2007, which mainly aims to engage in real estate development trading business, and operated the sale business of the F regional housing association apartment in Yongsan-gu Seoul Metropolitan Government E.

On June 27, 2005, the Defendant entered into a contract with the victim G to sell bonds of 32 square meters in the name of 220 million won in the Yongsan-gu Seoul Metropolitan Government District Housing Association, apartment bonds of 32 billion won in the name of the victim's birth, and received all the above money from the victim around that time, and thus, the Defendant was obligated to complete the registration of ownership transfer in the name of H upon completion of the apartment house. However, the F Area Housing Association did not recognize the sales contract between the Defendant and the victim, and the victim did not additionally bear the burden of KRW 61 million in the name of the victim.

Accordingly, on December 28, 2006, the Defendant sent 61 million won as additional sale price to the Do Forest Construction Account, which is a contractor, to the Do Forest Construction Account. On October 30, 2007, the Defendant stated that the registration of apartment will be revoked, and that the Defendant will pay 61 million won as additional sale price.

However, the defendant did not have any intention or ability to pay the above 61 million won to the victim.

Nevertheless, on January 3, 2007, the Defendant had the victim deposit KRW 61 million with the account under the name of the forest construction, and acquired it by fraud.

[2013J real estate office located in Yongsan-gu Seoul Metropolitan Government on December 20, 2006, the Defendant said that if K pays 230 million won to the victim Lane as contract deposit and intermediate payment, the Defendant may purchase 330 million won, which is a final purchase price, at the MN District Housing Association.

However, the facts are that the defendant operated the MM development business and the MN settled the amount of KRW 2 billion from the MN Housing Association, but the 1.6 billion won is the settlement method.

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