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(영문) 서울중앙지방법원 2016.08.25 2016고단4015
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of F Co., Ltd.

1. On May 2012, the Defendant made a statement to the effect that “The Victim G would have invested KRW 150 million in the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government Ha in the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government Ha, stating that “The Victim would have 50 million investment in the business of constructing the Jongno-gu, Jongno-gu, Seoul and five instant officetels.”

However, the Defendant did not have any intent or ability to reduce 50% of the shares in the above officetels construction project even if the Defendant received investment from the injured party due to the shortage of funds.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 50 million to the Agricultural Cooperative Account (J) in the name of F Co., Ltd. on June 6, 2012; (c) delivered KRW 20 million to the Defendant’s above office on June 20, 2012; and (d) received KRW 30 million from the same place on July 25, 2012 at the same time.

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

2. On February 12, 2014, the Defendant against the victim K gives the victim a right to vicariously sell the land to the 938 households apartment units of the Daegu-gu District Housing Association, Daegu-gu, and 140 square meters, at the first floor coffee shop of L side building located in Daegu-gu, Daegu-gu.

The purport of the contract for sale to the effect that “the KRW 100 million is changed as the deposit money for sale contract.”

However, the defendant did not have the intent or ability to grant the right to sell the land to the victim because the defendant was notified by the promotion committee of the above regional housing association of cancellation of the agency work.

Nevertheless, the Defendant: (a) by deceiving the victims as above; and (b) received transfer of KRW 300,000,000 from the victims under the name of F Co., Ltd. as a deposit for sale by proxy; (c) KRW 90 million on February 12, 2014; (d) KRW 3 million on March 28, 2014; and (e) KRW 3 million on April 8, 2014, respectively.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G or K;

1.Each.

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