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(영문) 서울북부지방법원 2013.05.16 2012고단926
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the operator of C, who is a planning real estate company in Gangnam-gu Seoul Metropolitan Government.

On March 21, 2011, the Defendant concluded that “The Defendant would sell approximately 369 square meters ( approximately 120 square meters) out of the F land in Chungcheongnam-gun, Chungcheongnam-gu, Seoul, to the victim E at the first floor coffee shop of the building in Yeongdeungpo-gu, Seoul, to sell approximately 500,000,000 won per square.”

However, the actual owner of the above land was G, and there was no intention or ability to sell the above land to the victim, such as not paying the purchase price received from the victim to G, and using it as wages or operating expenses of the above C employees.

The Defendant received 30 million won from the victim to the H’s account on the same day as the purchase price, and transferred 20 million won to the H’s account on March 24, 2011, and was remitted 6.4 million won to the I’s account on March 28, 2011.

Accordingly, the defendant, by deceiving the victim, acquired 50,640,000 won by transfer.

Summary of Evidence

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement of E;

1. A real estate sales contract or a certificate of deposit;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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