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(영문) 서울서부지방법원 2019.07.03 2018고단2142
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 2006, the Defendant loaned money to the Victim B (hereinafter “instant apartment”) to the Victim B, the Defendant sold D apartment E-ho (hereinafter “instant apartment”) on one parcel, non-Party C (hereinafter “instant apartment”) owned by the Defendant and borrowed KRW 28 million from that time on three occasions until September 14, 2007.

On November 2007, the Defendant made a false statement to the effect that “I would transfer the ownership of the instant apartment if I would like to sell the instant apartment to KRW 180 million, which was lower than the market price, because I would like to repay the above amount of KRW 28 million to the above victim by telephone, and if I would like to purchase the instant apartment, I would like to transfer the ownership of the instant apartment, except KRW 65 million to the former tenant.”

However, the fact is that the defendant, around October 2007, sold the apartment of this case to the revenueer of the apartment of this case and received KRW 28 million from the victim as the purchase price, even if he received KRW 15 million from the victim, he did not have the intent and ability to transfer the ownership of the apartment of this case.

The defendant received KRW 4 million from the victim on January 18, 2008 and received KRW 15 million from the victim on four occasions from that time to July 21, 2008 and acquired it by deceit.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Details of account transactions and application of Acts and subordinate statutes of a certified copy of register;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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