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(영문) 서울중앙지방법원 2019.05.10 2018고단8096
사기
Text

A person shall be punished by imprisonment with prison labor for one year with prison labor for a crime of No. 2 as stated in the judgment of the defendant, respectively.

Reasons

Punishment of the crime

On October 26, 2012, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Seoul Central District Court for fraud. On November 3, 2012, the said judgment became final and conclusive on November 3, 2012. On July 23, 2015, the said court sentenced one year of imprisonment with prison labor for fraud and six months of imprisonment with prison labor and completed the execution of the said punishment on January 10, 2017.

Criminal facts

The defendant is a planning real estate company established for real estate sales business, etc., who has been actually operating the savings bank.

1. On April 2010, the Defendant entered into a false statement in the Gangnam-gu Seoul Metropolitan Government DD Building E-B office, and the victim F made a false statement to the victim F that “The Defendant would make a registration of division if he/she purchases part of the forest land in the old city with a good land where the entire house can be located. It is expected that the development of a new city in the old city will become a large complex apartment and the neighboring expressway location area of the neighboring highway is determined and the development gains are expected to become final and conclusive.”

However, the Defendant was temporarily suspended from paying the first intermediate payment of KRW 20,00,000, which was agreed on February 15, 2009, after concluding a sales contract with H, the owner of the said forest and field as the owner of the said forest and field, and only paid the down payment of KRW 20,000,000,00, which was agreed on February 15, 2009, and was notified of the cancellation of the sales contract by H on or around April 2009. Moreover, in the situation where the funds already owned are insufficient to cover the company operating expenses, such as wages for employees, office rents, etc. due to the exhaustion of the funds, there was no clear way to raise funds. Therefore, even if the purchase price was paid by the victim, the Defendant paid the said forest and field to H, and received the ownership, and did not have any intention or ability to complete the transfer registration to the victim, and there was no other intent or ability

Nevertheless, the defendant deceivings the victim as above and is against the victim.

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