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(영문) 서울동부지방법원 2015.01.14 2014고단2201
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall obtain money from the applicant for compensation 61,60,000 won and shall do so on the same.

Reasons

Punishment of the crime

The defendant is a person who operates the planning real estate company E in the third floor of the Seoul Special Metropolitan City D Building.

1. On July 25, 2012, the Defendant, at the above company office located in Gwangjin-gu Seoul Special Metropolitan City, ordered F, an operating member of the said company, to make a false statement to the victim C, stating, “The purchase of the G land in the Jeonbuk-gun Special Metropolitan City may bring profits up twice as a result of the Saemangeum Development. When only the purchase price is paid, the registration shall immediately be made.”

However, in fact, E did not enter into a sales contract agreement with the above G land owner, and even if the Defendant received money from the victim, it was thought that he would be paid as employee wages, etc., and due to financial deterioration, there was no money to purchase the above land from the original owner, so the Defendant did not have any intention or ability to execute the registration of ownership transfer

Nevertheless, the Defendant received from the victim a transfer of KRW 40 million to a deposit account in the name of the said company, with the purchase price of the said land.

Accordingly, the defendant was given property by deceiving the victim.

2. On August 27, 2012, at the place indicated in paragraph (1) of the same Article, the Defendant: (a) caused F to the victim “I will purchase the H land in the Northwest-gun; (b) to the Saemangeum Development; (c) once the past G land was sold by the landowner, the Defendant would not sell the land; and (d) KRW 40 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000, to be loaned from the Danan Water Cooperation, would be more than KRW 26,20,000,000,000,000,000,000,000,0000, would be

However, as stated in Paragraph 1, E did not have funds to purchase the above H land, so the Defendant did not have any intent or ability to sell it to the victim.

Nevertheless, the defendant is a deposit account in the name of the above company in the name of the victim for part payments.

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