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(영문) 서울중앙지방법원 2017.03.29 2015고단2363
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant was the representative director of the F Co., Ltd. (hereinafter referred to as “F”) in Gangnam-gu Seoul Metropolitan Government E.

On November 21, 2007, the Defendant of “2015 Highest 2363”, at F office around 15:00 on November 21, 2007, the Victim G to build a main apartment in the first place in Songpa-gu Seoul Metropolitan Government H, and F was entitled to purchase a main apartment in New Asia Construction, and it is necessary to pay KRW 500 million rapidly to I.

On May 21, 2008, if the sales agency services by way of the loan of a shortage of KRW 200 million, the sum of the principal amount of KRW 200 million and the remuneration of KRW 300 million shall be paid, and the interest equivalent to the principal amount of KRW 200 million and the bank interest shall be repaid if the payment is failed.

“A false representation was made.”

However, in fact, in the new East Building, the defendant did not have become final and conclusive to set up a mixed apartment, and the defendant did not have obtained the right of sale from the I like K, so there was no intention or ability to pay the amount of money promised to the victim.

Accordingly, the Defendant deceivings the victim as above, and acquired 20 million won in total from 20 million won in front of the check on the same day from the victim.

On January 31, 2008, the Defendant, “2015 Highest 4837, the Defendant,” at the F office around January 31, 2008, would receive from the victim L an exercise of the right to sell the said apartment by proxy from the I, who is implementing the said project, to build the complex complex in the first place.

“Falsely speaking, i.e., entered into a contract for sales agency services with the victim at a seat.”

However, the Defendant was in Songpa-gu Seoul Metropolitan Government H

Even if the I Center was constructed mainly on the site of the I Center, there was no intention or ability to transfer the apartment to the victim with the right to sell the apartment by proxy, and even if the money is received under the name of the sale agency deposit, it shall be used as operating expenses of the above company operated by the defendant, not for the right to sell the apartment.

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