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(영문) 창원지방법원 통영지원 2018.03.29 2017고단404
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

Reasons

Punishment of the crime

Defendant A is the former duties of Co., Ltd. D, and E is the president of the F Co., Ltd.

Defendant

A around January 21, 2014, at a mutually influorous restaurant located in the luminous side of the Gangseo-gu Busan, Busan, around January 21, 2014, "E will allow F to receive the right of vicarious sale of G public rental apartment in which D is in force."

As the sale deposit money, 50 million won is changed. If D and F Co., Ltd. fail to carry out the sale agency contract by March 31, 2014, 100 million won will be compensated.

‘False speech' was made.

However, in fact, D is not a construction executor of the above apartment, there was no right to select a sales agent, and it is uncertain whether the above project will be properly implemented, and even if Defendant A received money from the victim company because there was no particular property, it did not have the intent or ability to compensate the victim company for KRW 100 million until March 31, 2014.

Defendant

A was transferred from the victim company the sum of KRW 50 million in terms of sale deposit under the name of Defendant A, KRW 3 million in terms of business activity expenses on February 13, 2014, and KRW 54 million in terms of business activity expenses on August 8, 2014.

As a result, Defendant A obtained a total of KRW 54 million from the victim company on three occasions and acquired it by fraud.

In March 2014, the Defendants introduced them to the victim J as the head of planning office and head of the headquarters in the D office located in Busan Dong-gu, Busan as of March 1, 2014, and introduced them to the victim J as of "If 100 million won is paid in total to carry out apartment construction works in Yangsan area in D, they would cause the apartment sale advertising right and model housing construction right contract to be entered into, and the deposit will be returned at the time of the preparation of this contract.

The phrase “ makes a false statement.”

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