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(영문) 서울북부지방법원 2016.03.24 2014고단2890 (2)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 14, 2011, the Defendant sold the apartment to the victim D at the C coffee shop located in Busan-gu, Busan-do. “The apartment to be frighted in the document attached to the Busan-dong, Busan-dong.”

It is well known that there are many members of the apartment association to gather the bill of contract in writing, and apartment can be sold in a low manner because it is well known to the president of the construction to have the right to receive the bill of contract and it is well known that it can be sold in the apartment association.

20 million won will be deducted when the executive officers and employees of the construction company who shall be able to have been reproduced in the face of the week and later the balance will be deducted in the face of the week.

It would be possible to purchase the apartment of the 4-household apartment at the price of less than 50% of the selling price.

“A false representation was made.”

However, in fact, the Defendant did not have any work at the apartment association which is to gather the right to life in writing, and did not have any intention or ability to allow the Defendant to sell the apartment of the 4-household unit at the price of less than 50% of the selling price at the time of the purchase price. The Defendant received the above KRW 20 million and had been thought to use the apartment as one's own living costs. In addition, the Defendant did not have any intention or ability to allow the Defendant to sell the apartment of the 4-household unit at the price of up to 50% of the selling price.

Nevertheless, the Defendant, as mentioned above, received money of KRW 20 million as entertainment expenses from the victim to the new bank account (E) in the name of the Defendant at around that time from the victim, and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Some statements made against the defendant during the first and second examination of the suspect for the police;

1. Part concerning the statement D and F in the fourth police interrogation protocol against A;

1. A protocol concerning the examination of suspect of the police against F (No. 3 No. 540, the list of evidence);

1. Statement made by the police against D;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes on account transactions (No. 8 of the list of evidence);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of applicable sentences under the law: Imprisonment from one month to ten years.

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