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(영문) 서울동부지방법원 2014.04.24 2013고단1908
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On November 12, 2010, the Defendant was sentenced to three years and six months in Seoul High Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., and the said judgment became final and conclusive on January 18, 201.

【Criminal Facts】

around September 2005, the Defendant operated the planning real estate office in Gangnam-gu Seoul Metropolitan Government C Building 701 and D.

1. On June 2006, the Defendant made a false statement to the Victim E that “The Defendant would sell approximately KRW 300 of the Seoul Gangnam-gu F’s G ownership to KRW 450 million.”

However, even if the above money was received from the victim, the defendant thought to use it as a down payment to purchase other land, so there was no intention or ability to register the ownership transfer of the above real estate to the victim E.

The Defendant received KRW 10 million from the victim E as the down payment on June 12, 2006, KRW 100 million as the part payment on August 28, 2006, KRW 100 million as the part payment on August 31, 2006, KRW 100 million as the part payment on August 31, 2006, KRW 100 million as the part payment on December 26, 2006, KRW 1450 million as the part payment on December 27, 2006, and KRW 450 million as the remainder payment on December 27, 2006.

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

2. On June 17, 2006, the Defendant made a false statement to the Victim H stating that “Around June 17, 2006, the Defendant sold approximately 100 square meters of equity interest in the G ownership of Gangnam-gu Seoul F, but first transferred ownership of KRW 75 million with a advance payment to the victim on a face of Myeon, who immediately transferred ownership, and around August 30, 2006, paid KRW 75 million with a balance of the development restriction of the above land as a grass balance.”

However, even if the defendant received the above money from the victim H, he thought that he would use it as a down payment to purchase other land, so he did not have any intention or ability to register the ownership transfer of the above real estate to the victim H.

The Defendant, from the victim H on August 14, 2006, is the name of down payment and intermediate payment on August 14, 2006.

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