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(영문) 서울남부지방법원 2013.09.12 2012고단3282
사기등
Text

The crimes provided for in the 1 to 3 of the judgment of the defendant shall be punished by imprisonment with prison labor for 8 months and each of the crimes provided for in the 4 to 24 of the judgment.

Reasons

Punishment of the crime

[criminal power] On April 8, 2008, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Suwon District Court on April 30, 2008, and the above judgment became final and conclusive on April 30, 2008, and completed the execution of the sentence on March 27, 2009.

【Criminal Facts】

1. Around October 17, 2005, the Defendant: (a) at the near G G G store located in Yangcheon-gu Seoul Metropolitan Government, the victim I known of H as the introduction of H, saying, “B, as an auction expert, sold good goods at the auction for that period, without being sold at a low price; and (b) currently being held, there are a large number of auction items. At present, a commercial building that is good in Ansan has been put into an auction, and can be punished for a large amount of money if sold. The bid bond for an auction is liable for 25 million won and will be awarded at the auction.”

On the 19th of the same month, the Defendant prepared an auction transaction agreement to the effect that, at the home of the victim in the Gangseo-gu Seoul Metropolitan Government J building 105 Dong 1804, the victim and the Defendant delegated all the rights related to the progress of the auction of the shop in Ansan, and the required period until the successful bid is set at 35 to 45 days, and received 25 million won from the victim to the K bank account (L) of K, which is a staff member of H, designated by the Defendant to transfer from the victim.

However, the facts were that the Defendant was not an auction expert, and was not a person who did not know about the auction-related work properly, so it could not expect the successful bid price of the Ansan Commercial Building, and not only did not have the ability to receive the successful bid price in the court auction, but also did not have the ability to receive the successful bid price. At the time, the Defendant was in the progress of auction, since all the property owned in a state of approximately KRW 2 billion, KRW 7-80,000,000,000,000,000 won, even if he was transferred from the victim, it was considered not to use it as a bid deposit but

Nevertheless, the Defendant makes such a false statement.

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