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(영문) 서울중앙지방법원 2018.07.18 2018고정446
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the representative director of the D-B Building Co., Ltd., a real estate consulting company in Dobong-gu Seoul Metropolitan Government, was the victim E, who became aware of at around March 28, 2017 at the court protection observation office, stated that the victim provided a consultation on real estate acquisition with respect to H apartment total 284 households, and the facts charged are as follows: “The Defendant provided a consultation on real estate acquisition with respect to H apartment total 284 households,” but only the evidence submitted that the Defendant clearly notified the victim of the specific purpose of use of the instant KRW 5 million as the public notice book.

It is difficult to conclude this part ex officio without any changes in indictment.

If necessary funds are invested in KRW 5 million, the intermediary fee of KRW 150 million, which will be paid by promoting consulting, shall be paid as investment profits until May 10, 2017.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have yet entered into a real estate consulting contract on H apartment acquisition business, and did not have any circumstance to receive relay fees, so even if he received five million won from the injured party, he did not have any intention or ability to pay it until May 10, 2017.

Nevertheless, on March 31, 2017, the defendant deceivings the victim and transferred five million won to the J bank account (K) in the name of the defendant's wife on March 31, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (to hear statements of suspect A);

1. A copy of the transaction of passbook;

1. The application of the investment agreement, outline of the acquisition of H apartment, plan for the sale of H apartment, and the Acts and subordinate statutes of the consulting agreement for the management of real estate profits;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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