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(영문) 서울중앙지방법원 2014.02.11 2012고단5251 (1)
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around December 10, 2008, the Defendant shown the above apartment building D with the victim around December 10, 2008, the Defendant shown as follows: “B shall purchase and dispose of the above apartment building 501 in Gangnam-gu Seoul Metropolitan Government, and B shall have the right to sell and dispose of the apartment building 501, and there are many loans as security under the above 501, and so an auction may be held more than the market price, and once the lease deposit amount is held until February 28, 2009, the Defendant shall move into the house by December 28, 2009,” and “B shall pay the down payment trust and the down payment”.

However, the defendant and B were not the owner of the above apartment, and there was no actual owner E with the authority to conclude the lease contract, and even if they received the lease deposit from the victim, they did not have the intent or ability to move into the victim during the above contract period.

Nevertheless, the Defendant, in collusion with B, deceiving the victim as above, and acquired 5 million won as contract deposit from the victim's office in the (main)G office in Gangnam-gu, which is located in the fourth floor of the F building in Gangnam-gu.

Summary of Evidence

1. A suspect interrogation protocol concerning B by the prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of a receipt or a certified copy of the register;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

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

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