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(영문) 서울중앙지방법원 2013.05.02 2012고단7144
사기등
Text

Imprisonment with prison labor for the crimes set forth in the first sentence of the judgment of the defendant, for the crimes set forth in the first sentence of the judgment, and for the crimes set forth in the second sentence.

Reasons

Punishment of the crime

On March 31, 2010, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Suwon District Court, which was sentenced to a suspended sentence of 2 years on April 8, 2010.

1. Fraud against the victim G;

A. On January 201, 2010, the Defendant: (a) at the Seocho-gu Office of J (J) No. 106, 518 of the Seocho-gu Seoul International Building 106, Seocho-gu, Seoul (hereinafter “J”) said that “The Defendant would pay KRW 200 million with the amount agreed upon with K” to the victim at the Seocho-gu Office of Justice No. 106, 518 (hereinafter “J”); (b) if the Defendant permitted the sale of No. 106 and 107, the purchase price would be paid for KRW 200,000,000,000 with K, and the Defendant would have paid KRW 20,000,000,000 with the amount paid for the sale of real estate.”

However, as the Defendant was in excess of the obligation, even if sold with the right to dispose of the above commercial building from the victim, there was no intention or ability to pay the purchase price to the victim.

The Defendant, by deceiving the victim as above, received a disposition from the victim against the above 106 and 107, and sold around February 4, 2010, thereby receiving KRW 450 million from the purchaser.

B. On July 2010, 2010, the Defendant of H shopping mall No. 110 stated to the effect that “If she would sell H No. 110, she would pay back all the sales proceeds and the sales proceeds of No. 106 and No. 107, she would pay back at once to the victim who demanded reimbursement or reimbursement of the sales proceeds of the said H No. 106 and No. 107 in the said J’s office.”

However, as the Defendant was in excess of the obligation, even if sold with the right to dispose of the above commercial building from the victim, there was no intention or ability to pay the purchase price to the victim.

As above, the Defendant, by deceiving the victim as above, received the right of disposition against the above 110 from the victim around that time, and sold around July 19, 201, from the purchaser.

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