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(영문) 서울중앙지방법원 2016.09.29 2016고단3246
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[2016 Highest 3246 - Defendant A is the representative director of G Co., Ltd., a real estate company planning company, and Defendant B is the former director of the company. The Defendants entered into a sales contract with the right holder for the land “H and I” in Chungcheongnam-nam Party, and began to sell the said land under the condition that only the down payment was paid.

1. Crimes against victim F;

A. On July 23, 2015, the Defendants would accept the registration of transfer between KRW 47,00,00 if the Defendants purchased KRW 331 square meters from the H land at the G office in Gangnam-gu Seoul Metropolitan Government (J) around July 23, 2015 to the victim of the purchase in KRW 47,00,000.

“A false statement” was made.

However, the Defendants did not have the right to claim the above land, and there was no financial or specific means to pay the balance to the owners within the short-term period and to acquire ownership. Therefore, even if they received money from the victims, they did not have the intent or ability to comply with the above promise.

After all, the Defendants conspired, as above, by deceiving the victim, and by receiving 47,000,000 won from the injured party at that time.

B. The Defendants, at around September 11, 2015, will accept the registration of the transfer between KRW 32,900,000 if they purchase 231 square meters of the H land in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in Jin-si in J in Jin-si.

“A false statement” was made.

However, the Defendants did not have the right to claim the above land, and there was no financial or specific means to pay the balance to the owners within the short-term period and to acquire ownership. Therefore, even if they received money from the victims, they did not have the intent or ability to comply with the above promise.

As a result, the Defendants conspired, as seen above, by deceiving the victim, and by receiving 32,900,000 won from the injured party around that time.

(c)

The Defendants purchased KRW 331 square meters from among the H land in Chungcheongnam-si, Chungcheongnam-si, Jin-si, for KRW 47,000,000, at around October 29, 2015, to the victim at the above office.

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