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(영문) 서울중앙지방법원 2015.12.04 2014고단10125
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person to whom the authority of a representative director of D (hereinafter referred to as “D”) is delegated by the Defendant.

Around April 5, 2013, the Defendant concluded that, at the F coffee shop located in Gyeonggi-si, Gyeonggi-do, “F”, “A apartment building with a scale of 1,565 units, which is promoted in D (hereinafter “D”) to the victim G, will be a construction soon.” The Defendant concluded that, “A apartment building with a scale of 1,565 units, Hildae-gun, Chungcheongnam-gun, Chungcheongnam-do, and that, at the same time, an apartment complex will be sold to KRW 100 million.”

However, in fact, due to the shortage of funds of the D company, there was no money to pay interest from KRW 50 million to KRW 60 million each month from the purchase of apartment site, and since around March 2013, there was no intention or ability to provide a sales agency with the right to purchase apartment site even if it was received money, it was difficult to carry out the apartment project as scheduled because it did not have any intention or ability to provide a sales agency with the right to purchase apartment site because it was not possible to pay interest from KRW 50 million from the I to the victim, and 50 million from the money received from the victim.

Around April 5, 2013, the Defendant, by deceiving the victim and deceiving it from the victim, acquired the sum of KRW 100,000,000 from the victim to the bank account in the name of K (Auss of the Defendant) managed by the Defendant as contract deposit, and 60,000,000 to the same account as the same account around May 15, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement of the witness L;

1. A protocol concerning the examination of suspect against each of the accused by the prosecution (including the cross-examination);

1. Statement by the prosecution concerning L;

1. Details of passbook transactions, each transaction slip, current status of fund execution for apartment project site, business agreement, and certificate of deposit;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense, Article 347(1) of the Criminal Act chosen to punish a defendant;

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