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(영문) 서울동부지방법원 2016.01.15 2015고단697
사기등
Text

Defendant

A Imprisonment with prison labor of one year and eight months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

"2015 Highest 697"

1. Defendant A is a Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City F Building G (hereinafter “G”).

A person who is engaged in the so-called "real estate business" under the trade name of the person.

The Defendant, around August 18, 2008, at a Buddhist area in Seoul and below Seoul around 18, 2008, had G employees H register the transfer of ownership to the victim I, “If there is a good forest land in Echeon-siJ, and any balance remains, the Defendant may promptly register the transfer of ownership.

After doing so, at the G office around September 9, 2008, preparing a written contract for the sale and purchase of the forest in Echeon-si, Leecheon-si, with the victim’s “if the balance to EJ is settled, it will promptly accept the registration of the transfer of ownership.”

“.......”

However, the defendant did not pay the down payment to K as the full owner of the above forest and field, and registered the establishment of the right to collateral security under the above K’s name to secure the payment of the remainder. Since the defendant thought that he would use the money from the damaged party as the fund for the management of the company due to the difficulties in the management of the company at the time, he did not have the intent or ability to register the transfer of ownership in the state where the establishment of the right to collateral security has been cancelled for the above forest

The Defendant, by deceiving the victim, received KRW 22 million from the victim to the G account on August 18, 2008, and received KRW 20,540,800 from the L’s account on September 9, 2008, and received KRW 20,540,800 from the time to October 29, 2008, and received KRW 153,418,000 in total from three victims, such as the part of the attached list of crimes (1) from October 29, 2008.

"2015 Highest 2319"

2. Defendant A is a person who was a real representative of G, the so-called planning unit company, the main office of which is located in the second floor of the F building in Gwangjin-gu Seoul Special Metropolitan City, and Defendant B is a auditor of G, who operated G Gangnam-gu office on the second floor of the Gangnam-gu Seoul Metropolitan Government M.

G shall be J-si, Echeon-si (hereinafter referred to as “J-si”).

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