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(영문) 서울남부지방법원 2017.06.08 2016고단6085
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On February 9, 2012, the defendant was sentenced to two years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on February 9, 2012, and the above judgment was finalized on April 26, 2012.

The defendant is the actual operator of the corporation D who planned to build apartment 512 households for one of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government C Group.

On October 19, 2010, the Defendant shown to the victim E an unclaimed place in Yeongdeungpo-gu Seoul Metropolitan Government, an implementation agency contract entered into with the F Housing Association, etc., and the Defendant, as the representative director of D Co., Ltd. D who entered into an implementation agency contract with the F Housing Association, was entitled to lease this house.

However, on July 6, 2007, the Defendant was notified of the dismissal of the delegated affairs by the above union. Around September 26, 2008, the Defendant already agreed to sell and settle the land for the development project for C including the above housing. As to the above lease agreement, the Plaintiff did not have the right to dispose and manage the above housing at the time, and even if the Defendant received the lease deposit amount of KRW 50 million from the injured party, such as the Plaintiff did not pay the deposit to the victim, he did not have any intention or ability to return it to the victim after the termination of the contract.

Nevertheless, the Defendant, as such, by deceiving the victim, received a total of KRW 50 million from October 19, 201 to October 30, 2010 as the deposit money for lease from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notice, such as filing of a complaint, copy of a real estate lease contract, financial transactions related to security deposit, copy of an execution contract, copy of the business agreement, dismissal of delegated affairs, etc., copy of the real estate register, and copy

1. His previous convictions.

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