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(영문) 서울중앙지방법원 2017.04.21 2016고단1563
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the actual manager of D Co., Ltd. established for the purpose of housing construction business.

The Defendant, on the loan of promoting a new construction project of neighborhood living facilities and officetels in Jung-gu, Seoul and 11 lots, intended to acquire money from the victim F (59 tax) under the pretext of granting the right to sell it by proxy.

On March 5, 2015, the Defendant newly constructed and sold a neighborhood living facility and an officetel on the second floor of the Gangnam-gu Seoul Metropolitan Government Office to the victim of the second floor of the building in Gangnam-gu.

The land owner obtained the consent to use the land from all of the land owners and purchased all of the land.

Since the competent authority has applied for a building permit to the competent authority, the sale may commence from April.

It is intended to grant a sales agency right to KRW 350,000,000 as the amount of the contract for the allotment of liability.

When the sale in lots is completed by 60%, all the amount of the contract for the sale in lots will be refunded.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant did not have obtained the above land use consent from all the owners of the above E and 11 parcels or purchased all the above land, so there was no possibility of obtaining a building permit from the competent authorities. Moreover, since the above building permit application was withdrawn on January 28, 2015, the defendant did not have the intent or ability to grant the right to sell the land to the victim by constructing neighboring living facilities and officetels.

The defendant deceiving the victim as above and received KRW 30 million from the victim, namely, from the victim, and around March 6, 2015, he received KRW 300 million in total from the bank account in the name of the company in the name of the company in the name of the company in the name of the real estate trust company, a company entrusted with the business of keeping funds from the above company D, and received KRW 330 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, H, I, and J;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made to the prosecutor by the J;

1.With respect to F and H, respectively.

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