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(영문) 서울중앙지방법원 2014.08.12 2013고단8158
사기
Text

Defendant

A Imprisonment with prison labor for three years and for one year and six months, respectively.

but for three years from the date this judgment becomes final.

Reasons

Punishment of the crime

On March 14, 2013, Defendant A made a false statement to the victim L through K, the employee of the Defendant company, at the J office located in the fourth floor of the Gangnam-gu Seoul International Building, Gangnam-gu, Seoul, that “The land with high investment value (hereinafter “instant real estate”) 40 square meters is transferred to 28 million won.”

However, the above defendant did not use the above real estate as the purchase price even if he received the above real estate purchase price from the victim, and used the real estate for the operating expenses of the above company operated by the above defendant. Furthermore, the real estate of this case was not land owned by the above defendant, and even if he received money from the victim, there was no intention or ability to make the registration

The above Defendant, by deceiving the victim as such, received KRW 1 million from the victim on March 14, 2013; KRW 5 million on March 21, 2013; KRW 19 million on March 26, 2013; KRW 3 million on March 26, 2013; KRW 28 million on March 28, 2013; and KRW 28 million on a total of four occasions from the bank account in the name of J Co., Ltd.

"2014 Highest 55"

1. On March 23, 2013, Defendant A made a false statement to the victimO of the J office located in Gangnam-gu Seoul Special Metropolitan City 401, stating, “The roads are opened near P. 331 square meters in the vicinity of the P. 331 square meters in Chungcheongnam-gu, Chungcheongnam-do. When purchase of the above land, there is currently a tingu Industrial Complex, and thus, there is a high investment value in the future, and the registration of the transfer of ownership will be done immediately upon paying the purchase price of the above land.”

However, the above defendant did not use the above real estate as the purchase price even if he received the real estate purchase price from the victim, and used it for the operating expenses of the above company operated by the above defendant. Furthermore, even if he received money from the victim, the above real estate is not owned by the above defendant, the defendant's intention or ability to make the registration of ownership transfer to the victim

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