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(영문) 서울중앙지방법원 2012.12.26 2012고단6059
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant is a person who has been operating the Mapo-gu Seoul Etel in around 2008.

On October 23, 2008, the Defendant made a false statement to the effect that, at the office of the said D Co., Ltd. office located on the fourth floor of the Seocho-gu Seoul Metropolitan Government F Building, “In the present Etel implementation business, it would be expected that the purchase of the site and the construction authorization process will be completed on February 2009, the Defendant may enter the office building site as soon as the purchase of the site and the construction authorization process will be completed, and the Defendant would be responsible for the party from the head of H Construction Headquarters and have the right to sell the officetel as an agent. In addition, 30 million won would be changed to the security deposit, and if the Defendant fails to grant the right to sell the office to the party, 60 million won, which is an equal amount of the security deposit received.”

However, in the process of purchasing a site around October 2008, some props have increased the selling price of the land, and thus, the procedure for the purchase was not proper. Even if the purchase of a site for snows has been completed, it was long required and it was impossible to start the sale after completing the procedure for the purchase of the site and the construction permit until February 2009, and it was not possible to start the sale. In addition, as to how to select the sales agent for the instant officetel, it is not a consultation with H Construction, a contractor who guaranteed the loan for the instant project cost. The Defendant did not have any intention or ability to allow the victim to act as sales agent for the instant officetel until February 2009, or to refund the deposited money or the compensation money paid to 300 million won to the victim.

As above, the defendant deceivings the victim and makes cash for the right to sell the officetel in this case from the victim on the same day.

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