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(영문) 서울중앙지방법원 2017.02.17 2016고단1565
사기
Text

A person shall be punished by imprisonment with prison labor for not less than two months, or by imprisonment with prison labor for not less than one year and six months for a crime of No. 1 and 3 of the judgment.

Reasons

Punishment of the crime

On March 29, 2012, the Defendant was sentenced to four months of imprisonment for embezzlement at the District Court of the Republic of Korea on March 29, 2012, and the judgment became final and conclusive on April 6, 2012. On October 25, 2012, the Seoul Central District Court sentenced two years of imprisonment for fraud at the Seoul Central District Court, which became final and conclusive on November 2, 2012, and was released on May 30, 2014 during the execution of the sentence, and the remaining period was expired on July 31, 2014.

"2016 Highest 1565"

1. On June 18, 2015, the Defendant made a false statement to the victim C, stating that “When the Defendant was sold in lots at KRW 1,735,00,000,000,000,000,000,000,000 won, which is the land used in relation to the Pyeongtaek Winter Winter Winter Olympic Games, E would be re-purchaseed at KRW 2,80,000,000,000,000 won after two years.”

However, the fact is that the defendant entered into a contract for vicarious sale with the owner of the said 31 parcel of land, including the above land, and the price for the purchase of the said parcel of land was not provided, and the ownership was not completed under the name of the defendant. Therefore, even if the defendant received the payment of the purchase price for the said parcel of land, he did not have the intent or ability to register the transfer of ownership for the said parcel of land to the victim.

Nevertheless, the Defendant received 27 million won from the injured party immediately to the new bank account under the name of E Co., Ltd., for the sale price of land, as well as by receiving the total sum of KRW 140 million from that time to September 2, 2015, from that time to September 2, 2015.

The sum of KRW 140,000,000,000,000 on June 18, 2015, KRW 27,000 on June 30, 2015, KRW 3273,000,000,000 on July 3, 2015, KRW 4,5 million on July 8, 2015, KRW 5,000,000 on September 27, 2015, KRW 14,6 million on September 2, 2015.

2. The Defendant against the victim H was a person who served as the representative director of the JJ, a planning real estate company on the fourth floor of Gangnam-gu Seoul International Building.

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