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(영문) 서울중앙지방법원 2014.01.03 2013고단2735 (1)
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C In fact, there is no experience related to real estate brokerage and no particular property is available, as well as actual apartment sales goods are not secured by the seller of apartment in Seoul, such as receiving a request for sale from the seller of apartment in Seoul, and there is no intention or ability to purchase the above apartment at a lower price than the above apartment price. Thus, on April 19, 2010, the Defendant in the second floor of the Gwanak-gu Seoul Special Metropolitan City Etel 2, the Defendant would purchase the victim F, “Seoul Songpa-gu G apartment (33 square meters) at a lower price than the market price, at a lower price than 70 million won,” and C also secured the goods at a lower price than the market price through the head of the HO having relationship with the former Minister and the president of the construction company, and thereafter, the real estate sales building of the second and third real estate will proceed in the future.”

C, as seen above, deceiving the victim and transferred the amount of KRW 12.8 million from the victim to the Defendant’s bank account on April 19, 2010, received KRW 35 million on April 21, 2010, and received KRW 50 million on April 22, 2010 to C’s bank account, and obtained KRW 52.8 million on April 22, 2010 from the victim as the down payment, and acquired the said money by fraud from the victim.

As above, the Defendant introduced the victim to C in deceiving the victim by deceiving C, and received KRW 10,00,000 from the victim to the account in his own name, thereby aiding and abetting the above crime by facilitating it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of C or F;

1. Part of the protocol of examination of the accused by the prosecution (including the C and F statement);

1. Part of the prosecutor's statement concerning F;

1. A complaint, a copy of a bankbook, a C copy, etc.;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of suspect A's separate judgment, and hearing report on suspect A's telephone statement);

1. Relevant Article 347(1) of the Criminal Act and Article 32 of the Criminal Act concerning criminal facts, the choice of punishment

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