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(영문) 대전지방법원 천안지원 2018.07.03 2018고정368
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In fact, the defendant and B had no intention or ability to allow the victim E to sell the apartment at a discount because the defendant and B had been trusted with the Korea Asset Trust Co., Ltd. (D apartment 1408) in the Nam-gu, Nam-gu, Seoul Metropolitan City.

In addition, even if the Defendant and B received the selling price from the injured party, they did not pay all the money as the selling price, and some of the Defendant and B thought that they would arbitrarily use it as the pretext of honorariums, etc., and did not have the ability to collect the claim for the purchase price of the goods against F, which is the customer of the injured party, by deceiving the injured party and by deceiving it

Accordingly, on December 2014, the Defendant would allow the victim to purchase D Apartment 1408 newly constructed in the Y market in Songpa-gu Seoul Metropolitan Government G Haman on December 2, 2014 through B, at “H” in Songpa-gu G market.

Although the sale price is KRW 93 million, it can be sold at a discounted price of KRW 75 million, it will be paid for the sale price of KRW 30 million to F on the face of KRW 45 million.

“The phrase “ was false.”

However, in fact, the defendant and B did not have the authority to have the above apartment at a discount, and the 10 million won of the money received from the injured party as the sale price is not paid to the Korean asset trust instead of paying the sale price to the Korean asset trust, B arbitrarily used the apartment as a honorarium, and 5 million won of the money was thought to be used by the defendant voluntarily as a offsetting against

The Defendant and B conspired to induce the victim as above and transferred KRW 30 million to the Agricultural Cooperative Deposit Account in the name of No. B as the sale price around January 8, 2015 from the victim, and received KRW 15 million as the same name around February 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant or B by the prosecution;

1.With respect to E, I.

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