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(영문) 서울중앙지방법원 2014.12.18 2013고단8155
사기
Text

Defendant

A Imprisonment for four years, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

around June 2, 2013, Defendant A stated, “A, a planning real estate company located in Gangnam-gu Seoul Metropolitan Government H, is to develop a single unit of K and L (hereinafter “instant land”) in the G G in the Gyeonggi-si city owned by the Company, and if so, the land value will be set off off, and 1,000,000,000 won, which is part of the said real estate, was purchased.”

However, on July 5, 2013, the Defendant entered into a sales contract with M, the owner of the instant land, and agreed to have the right to sell the instant land, which shall pay KRW 500 million up to July 30, 2013, while entering into a sales contract with M, which is KRW 8.5 billion for the instant land. However, from January 2013, the Defendant was unable to pay KRW 500 million for M due to economic circumstances, such as where the company income was almost nonexistent and the company did not pay KRW 15 million for the monthly salary or the office rent. Therefore, the Defendant did not have the ability to sell part of the instant land to the victim.

The Defendant, from June 2, 2013 to June 10, 2013, transferred KRW 30 million in total to a national bank account in the name of I, a sum of KRW 4,635,00,000,000,000,000,000,000 from the victim’s purchase and sale of the said NN land, around June 8, 2013 and around June 19, 2013; and around July 9, 2013, a sum of KRW 1,035,00,000,000,000,000 from the victim’s purchase and sale of the said L land, as the purchase price of KRW 684,00,00,00 from the said L land.

Accordingly, the defendant was given property by deceiving the victim.

"2013 Highest 8346"- Defendant A

1. Around April 18, 2013, the Defendant against the victim F stated to the effect that “the victim F shall own the victim F at the victim F’s I (State) office located in Gangnam-gu Seoul Metropolitan Government H, “O 200 square meters in Gyeonggi-do. The price for the above land is developed, but the price for the land will be developed, and if purchased, the price will be gold.”

However, at the time of fact, the defendant did not purchase the above real estate.

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