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(영문) 서울동부지방법원 2015.07.09 2014고단3555
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated C, a real estate consulting company.

On April 22, 2011, the Defendant presented the victim E (50,00,00) and F (51,00) share in the company’s office located in Seocho-gu Seoul Metropolitan Government D’s “G apartment unsold housing unsold in lots,” and concluded a contract with the buyer by purchasing eight units of G apartment unsold in lots located in Yongsan-si at dumping, and by concluding a contract with the buyer. In the event of an investment in the housing unsold in lots, the Defendant would make payment of the amount equivalent to 50% of the principal invested in the housing unsold in lots within one month.”

However, in fact, the Defendant merely entered into a contract to purchase six bonds among the above apartment units with the total purchase price of about KRW 5.4 billion, and the sales contract for the apartment units was not actually concluded. The Defendant was thought to pay the remainder of the remainder by borrowing apartment units as collateral in the name of the person who sold the apartment units and purchased the apartment units in the name of the victims because of the lack of the ability to pay the remainder of the sales price. However, at the time, the Defendant did not have any intent or ability to pay the victims the above profits because the existence of the apartment units and the creation of profits from the apartment units were unclear due to the economic depression of real estate at the time.

The defendant received a total of KRW 200 million from the victims, respectively, in the NongHy (Account Number: H) account in the name of the defendant.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made by the Defendant and I in the suspect interrogation protocol (including each part of the statements made by the Defendant, F, E, and J) of each prosecution;

1. Each police statement of E and F;

1. Application of each Act and subordinate statutes to an agreement on investment projects, a list of unsold portions, receipts, promissory notes, bankbooks, and a statement of borrowing of deposit transactions lists, and a copy of performance note;

1. Criminal facts;

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