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(영문) 서울중앙지방법원 2014.04.11 2014고단1282
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 1, 2010, at the F Agricultural Partnership Office operated by the Defendant in Gangnam-gu, Seoul, the Defendant expressed to the victim BC that “The land in J was purchased from the company, and that it is a plan to purchase the said land in order to expand the company. It is very desirable to future prospects. In the event that the land was sold in lots, the Defendant may impose a large amount of money due to a rise in land prices. The Defendant would immediately harm the registration of ownership transfer at the time of the purchase price and immediately terminate the right to collateral security established on the said land.”

However, at the time, the above corporation purchased the above land by lending the above bonds and purchased the bonds previously sold, but failed to pay the bonds because it failed to properly sell them. Moreover, the above corporation's employees failed to pay the bonds properly, and used the money received from the purchaser of the land as repayment of the existing debt, repayment of interest, company expenses, etc., and operated the above corporation. Thus, even if the money was paid from the victim, there was no intention or ability to transfer the ownership of the above land or cancel the mortgage.

Nevertheless, the Defendant, by deceiving the victim as above, received 26,80,000 won as the purchase price for 185 square meters of the above land shares on the same day from the victim, among 9,918 square meters of the same day. On May 2, 2011, the Defendant received 24,000,000 won as the purchase price for 165 square meters of the above land shares, from the victim, from around May 2, 201 in the same manner, and received KRW 90,030,000 in total from three victims, such as the list of crimes, from May 2, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. A protocol concerning the police investigation of Q Q;

1.With respect to BD, each.

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