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(영문) 서울남부지방법원 2016.03.09 2014고단4884 (1)
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, D, and E received 215 housing units (hereinafter “Gu housing units”) from H shopping mall 2 to 3th of the ground in Seoul Special Metropolitan City, Nowon-gu, from the 2nd to the 3rd of the site, which are owned by the Defendant, D, and E, and decided to pay profits through general sale, and then, they were discussed with the Defendant, D, and E, while they were discussed with the F officer in charge of general sale, they were unable to prepare the sales price due to the lack of assets, and they were unable to pay the down payment amount of KRW 300 million due to the lack of loans from financial institutions, with the knowledge that the down payment would be deferred for a 90-day period from the victim I, who was known by D around that time.

Accordingly, around April 2013, D and E said, at the K restaurant operated in Yeongdeungpo-gu Seoul Metropolitan Government J, that reads that “it is possible to purchase six parts of L coffee specialty stores on the first floor among the unsold stores in H shopping mall located in Seoul, Nowon-gu, Seoul, but it is intended to sell KRW 200 million at the price of 35% of the selling price at the face of the week.”

However, the Defendant and D and E did not have any funds to purchase H shopping mall 215 worth KRW 5.8 billion, and the loan negotiations with financial institutions did not run at all. Therefore, even if they received money from the injured party as the purchase price, they did not have the intent or ability to sell the above 6 old accounts even if they received money from the injured party.

As a result, the Defendant and D and E conspiredd to induce the victim, and they were transferred KRW 5 million to a new bank account in the name of D in the name of around May 15, 2013 from the victim.

The Defendant and D and E conspired to receive a total of KRW 200 million from the time to July 9, 2013 as shown in the list of crimes in attached Form 2, including the following: (a) the Defendant and D and E received KRW 200,000 as the project progress cost or the performance bond.

Summary of Evidence

1. A witness I and each legal statement of M;

1. The witness D and E respective legal statements 1.

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