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Reasons
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(영문) 서울중앙지방법원 2013.05.15 2012고단6458
사기
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Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of two years.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendants have offered to purchase a reconstruction apartment at a low price, to acquire money from people, and to obtain money as a purchase price for apartment, and to accept victims.

1. On June 15, 2010, at the third floor of the 3rd floor of the G building in Gwanak-gu in Seoul Special Metropolitan City on June 15, 2010, the Defendants made a false statement to the victim E (the 59-year-old) that “The victims E (the 59-year-old-type-type-type-type-type-type-type-type-type-type-type-of-H building would purchase and dispose of KRW 500,000,000,000,000 won, which is less than the first selling price of the H building 65

However, in fact, the Defendants did not have any intention or ability to purchase and dispose of the above apartment and distribute the profits after leaving the apartment.

The Defendants received KRW 160 million in total from the victim, i.e., KRW 50 million for investment in stone, and KRW 160 million on September 29, 2010.

As a result, the Defendants were provided property by deceiving the victim.

2. On September 13, 2010, the Defendants made a false statement to the victim F, the victim F (35 years of age)’s house located in the victim F, 1802, Gwanak-gu, Seoul Special Metropolitan City I apartment 1802, stating, “The victim would purchase the H building 33 square type one at KRW 650,000,000,000,000 won, which is the initial selling price of the H building.”

However, the defendants did not have the intent or ability to purchase the above apartment house with the victim's intention to purchase it more than the sale price.

The Defendants received 120 million won as apartment purchase fund from the victim, namely, the victim.

As a result, the Defendants were provided property by deceiving the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Defendant A’s statement and part of Defendant B’s statement in the second protocol of trial;

1. The statements of witnesses E, F and J in the third protocol of trial;

1. Part of the prosecutor's office and police interrogation protocol regarding Defendant B, respectively.

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