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(영문) 서울중앙지방법원 2016.11.18 2015고단7662
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant: (a) was a person operating a land sales business in Gangnam-gu Seoul Metropolitan Government F with the trade name “F G”; (b) decided to purchase 100 square meters of the land located in Gyeonggi-gun H (hereinafter “instant land”) from I, the owner of the land, and (c) did not pay the remainder of KRW 45 million in addition to paying the down payment of KRW 10 million; (b) the said G had a hostile amounting to KRW 600-700 to KRW 70 million each month; and (c) even if the Plaintiff sold the instant land and received the land payment from the purchaser, it would have been likely to be appropriated for the said G business expenses; and (d) even if the Plaintiff received the land payment from the victims, there was no intent or ability to transfer the ownership of the instant land.

Nevertheless, as if the Defendant could transfer the victim E’s ownership of 10 square meters out of the instant land at the office of the company G, which was closed on March 2013, 2013, the Defendant said that he/she could transfer the victim E from the said office of the company, and that he/she is affiliated therewith with the account in the name of G Bank (Account NumberJ) in the name of the said company, G Co., Ltd. for the purchase price, KRW 2 million around March 13, 2013, KRW 3 million around

4.1.A remittance received around 7.2 million won in total.

On March 2013, the Defendant continued to conclude that the Defendant could transfer the victim’s ownership of 20 square meters of the instant land to the victim through the mother K at the above office of the Defendant Company G Co., Ltd.’s company’s company’s subsidiaries, and that it was false that the Defendant could transfer the victim’s ownership of 20 square meters of the instant land from among the instant land. The Defendant’s affiliation was KRW 3 million from the foregoing D to the account of Korea

4.5.Before May 1, 2000 won and around 10.26 million won were remitted, respectively.

Ultimately, the Defendant, as seen above, by deceiving the victim E and the victim D, received a total of KRW 38.2 million from the victims, and acquired it by fraud.

2. On June 17, 2013, the criminal defendant against the victim C knows the trade name near the Dongjak-gu Seoul Metropolitan Government beyond the scope of this waters.

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