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(영문) 수원지방법원 2015.10.19 2015고단1309
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the president of the D Co., Ltd. who owns and manages the Da building in Yeongdeungpo-gu.

On September 30, 2013, at the 7th floor office of the C building, the Defendant concluded a lease agreement with the victim and the victim F, who consulted the 9th floor of the C building with the 19th floor of the C building, that the public sale of the C building would be revoked. Accordingly, the Defendant concluded a lease agreement with the victim for the said cosmetic at the above office around October 30, 2013, stating that the public sale of the C building would not cause any damage to the deposit.

However, on September 13, 2013, the C Building continued the public auction due to the repayment of the loan even after the public auction was made, and the Defendant also knew that the public auction of the C Building could not be revoked on October 2013.

Nevertheless, the Defendant accused the victim by hiding the fact that the ownership will be transferred to another person as a result of continuous public auction on the 9th floor of C building, and caused the victim to pay KRW 3 million to D Co., Ltd. on October 30, 2013 and KRW 27 million on November 11, 2013, respectively.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Legal statement concerning the witness F;

1. A protocol of suspect examination of G police officers;

1. The police statement concerning F;

1. Application of lease contract, certificate of transaction, notice of public auction on trusted real estate, and certified copy of register;

1. Relevant Article 347 (2) and (1) of the Criminal Act and Article 347 (2) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the crime of this case during the period of the same repeated crime, and that the amount of damage is not significant, and the defendant directly benefited from the crime of this case.

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