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(영문) 인천지방법원 2017.11.10 2016고단9157
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal record] On May 14, 2015, the Defendant was sentenced to a suspended sentence of three years for fraud at the Seoul Eastern District Court on one year and six months, and the judgment became final and conclusive on August 11, 2015.

[Criminal facts] The defendant is the F.S. representative director in charge of apartment project execution.

On May 14, 2015, the Defendant was delegated with the authority to select a sales agent by the A.A. of the apartment housing project operator in progress in Busan, which was entrusted by the K.S. in the office of the Defendant of Gangnam-gu, Seoul, X, 8th floor.

The payment of KRW 200,000,000,000,000,000 to be paid to the manager to conclude the contract for vicarious sale;

5.To accept up to 19.

Models will complete until the end of August 2015.

The phrase “ makes a false statement.”

However, in fact, the defendant entrusted the right to select a sales agency with the above apartment-family housing project execution company and one company, but there was no demand for the payment of the performance guarantee deposit related to the sales agency, and even if he received the money from the injured party as the performance guarantee deposit money, the defendant paid the office operation expenses of the F in charge of the settlement of disputes, the employees' compensation, etc., and used it as an agreement that he was tried to be tried in a criminal case, so there was no intention or ability to pay it to the F in charge of the settlement of disputes as the performance guarantee deposit money.

As above, the Defendant: (a) deceiving the victim as above; (b) KRW 20 million from the SC Japan bank account under the name of the Defendant on the same day under the name of the victim as the performance guarantee deposit money; (c) KRW 30 million from the same account around the 15th day of the same month; and (d) KRW 20 million from the same account around the 29th day of the same month; and

6.2. It received the remittance of KRW 30 million in total on five occasions, such as the transfer of KRW 100 million to the same account around the 12th of the same month.

Accordingly, the defendant deceivings the victim.

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