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(영문) 서울중앙지방법원 2019.07.24 2018고단3839
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of the Gangnam-gu Seoul building and the sixth floor of the defendant's wife C is a person who actually operates D, a corporation registered as an in-house director, in which the defendant's wife C is registered.

Around November 28, 2014, the Defendant made a false statement to the effect that “If the Defendant purchases 81 square meters (2.5 million won per square year, total of 22.5 million won), which is part of the G and H land, to the victim F through E, etc., an employee, at the office of the said D Co., Ltd., Ltd., the Defendant would make a merger and transfer by dividing it into 81 square meters.”

However, in fact, D Co., Ltd. took out a loan of KRW 300 million from I.D. around September 22, 2014, and established the right to collateral with the maximum debt amount of KRW 390 million on the said land. The Defendant did not have any intent or ability to cancel the right to collateral created on the said land and to transfer the ownership of the said land normally to the victim because it is not adequate financial resources to fully use the price for the said land received from the victim as the company’s operating expenses.

Nevertheless, the Defendant entered into a sales contract with the victim for the above land, namely, received KRW 15 million as the down payment, and received KRW 180,3450,000 in total as the remaining name of the purchase price around December 1, 2014.

Accordingly, the defendant deceivings the victim as above and obtained a total of KRW 190,8450,00 from the victim and acquired it by fraud.

The defendant of "2018 Highest 6890" is the actual operator of D Co., Ltd.

around October 28, 2014, the Defendant, via J and K, an employee at the office of the office of the office of the 6th floor in Gangnam-gu Seoul, Seoul, to the effect that “If the Defendant purchases KRW 89 square meters prior to the location of Chuncheon M in KRW 60 million, he/she will transfer the ownership.” On November 11, 2014, the Defendant would transfer the ownership to the victim via N, an employee, at the office of the said company D Co., Ltd., Ltd., the Defendant around November 28, 2014.

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