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(영문) 서울동부지방법원 2014.09.24 2013고단3075
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Daejeon District Court, and the said judgment became final and conclusive on May 9, 2012.

On October 22, 2007, the Defendant, as the representative director of the D Co., Ltd. located in the 6th floor of Gangnam-gu Seoul Metropolitan Building, was awarded a successful bid of KRW 960.2 square meters for KRW 4.4 billion on the land in Seo-gu, Daejeon, Daejeon, on January 18, 2008, and acquired the F Co., Ltd., which was under construction on the above ground on January 18, 2008, and on March 18, 2008, borrowed KRW 5 billion from the said land and buildings as security, and entrusted the said land and buildings to the Asian Asset Trust Co., Ltd., Ltd., and carried out the sales business with the right to sell the said building delegated.

1. Around April 22, 2008, the Defendant against the victim G made a false statement to the victim G at the 6th floor D office of the Gangnam-gu Seoul Metropolitan Government I building that “I would sell the F 505 million won, Seo-gu, Daejeon. From the total sale price of KRW 341,470,000, to the J, 150,000 already paid to the J. The Defendant would sell the remainder of the money.”

However, even if the purchase price is paid by the victim, there is no intention or ability to cause the purchase to the victim.

The Defendant, as such, by deceiving the victim, received from the victim a total of KRW 150 million on April 22, 2008, including KRW 50 million on April 29, 2008, KRW 60 million on April 29, 2008, KRW 20 million on November 13, 2008, KRW 10 million on March 4, 2009, and KRW 17,000,000 on March 17, 2009.

2. Around April 22, 2008, the Defendant made a false statement with H that “The Victim K will sell F 406,000,000 won already paid to the J, which would allow the Victim K to sell at the 6th floor D office of the Gangnam-gu Seoul Special Metropolitan Government I building. It would allow J to sell the remainder of the money.”

However, even if the purchase price is paid by the victim, there is no intention or ability to sell it to the victim.

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