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(영문) 서울중앙지방법원 2016.11.25 2016고단3392
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 12, 2012, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Seoul Western District Court on September 12, 2012, and the said judgment became final and conclusive on September 12, 2012. On October 11, 2013, the Seoul Central District Court sentenced to a three-year suspended sentence of imprisonment for fraud at the Seoul Central District Court on October 19, 2013, and the said judgment became final and conclusive on October 19, 2013. On July 19, 2013, the said court was sentenced to a two-year suspended sentence of imprisonment for one year for fraud and on December 21, 2013. On September 12, 2014, the said court was sentenced to a three-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and confirmed on September 20, 2014.

【Criminal Facts】

The defendant is a person who has worked as a general executive director of the Gangnam-gu Seoul Metropolitan Government Committee for the Management of Real Estate Co., Ltd. (hereinafter referred to as the "E"), a planning real estate company with ten floors.

At the E office, the Defendant called “Asan City G is the land owned by E, and there is a large unit development plan in the surrounding land, so it was sold to the customer.” On June 20, 201, the Defendant made a false statement to the effect that if the Defendant purchased the land to the victim through F in the victim H’s residence located in Y located in Y in Yananan City, it would bring about a large amount of profits.

However, the above land was not owned by E, while E does not have the ability to mobilize other funds except for the purchase price deposited by customers, while E was unable to pay any balance of land in the latter part of 2009, and the financial status of the company has deteriorated, such as the failure to register the ownership transfer to the customers, and it was prevented from paying the land purchase price received from the customers as company expenses or using it as the purchase price of other land already sold. Therefore, even if the purchase price is paid from the victim, there was no intention or ability to transfer the ownership of the above

The Defendant, under the name of E, KRW 1,000,00 on June 3, 201, and KRW 33,221,00 on June 15, 201.

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