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(영문) 서울중앙지방법원 2015.07.01 2014고정5754
사기
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants are siblings, and Defendant B is a working-level officer for the sales agency of G2 complex neighborhood living facilities located in the G2 complex district as financial directors of the FF corporation, and Defendant A is the vice president of the F corporation and the person responsible for the sales agency.

The Defendants thought that they would return part of the sales price to the persons who have generated the sale of goods in fact without the intention of returning part of the sales price, thereby inducing the contract.

Defendant

B around July 17, 2012, at the G sales office located in the G sales office located in the Suwon-si District H, the victim I stated that “I would pay KRW 28,722,801,00,000,000,000,000,000,000 won, which is 3% of the sales price, in the form of fees.”

However, even if the commercial building was sold to the victim, there was no intention to pay 3% of the sales price.

From July 17, 2012, the Defendants concluded a sales contract for the above commercial building 101 in the sales price of KRW 990,100,000 with respect to the above commercial building 101 at the above sales office around July 17, 2012, but did not pay the purchase price until January 28, 2013, and did not pay the same amount of KRW 28,722,801.

Summary of Evidence

1. Defendant B’s partial statement

1. Legal statement of a witness I;

1. Statement of the police officer to I;

1. Statement I in suspect interrogation protocol of the police officer against A;

1. Investigation report (related to verification by the J);

1. A written confirmation of payment of fees;

1. The loan certificate;

1. Details of entry and departure transactions;

1. Electronic tax invoices;

1. Comprehensively taking account of the following circumstances acknowledged by comprehensively taking account of the above evidence in the commercial supply contract, Defendant A may be recognized as a criminal intent by deceiving the victim I in collusion with Defendant B, and the criminal intent by deceiving the Defendants.

(1) At the time of the preparation of a statement of payment of fees that the victim I would conclude the above commercial building sale contract and pay 3% of the sales price in the form of fees.

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