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(영문) 서울동부지방법원 2016.01.20 2015고단1378
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 2, 2010, the Defendant participated in the sale of F building A, Dong 127 in Seongbuk-gu, Sungnam-gu, where the sale of the building is unclear due to the problems of the implementation company, etc., thereby allowing the victim G to sell it much less than the market price, and in return, the Defendant would receive fees of KRW 300 million from the victim.

In this regard, until October 201, the victim paid only the fee of KRW 15 million and did not pay the remainder. The defendant also knew the victim by deceiving the victim and receiving the remainder of the fee.

On November 25, 2013, the Defendant: (a) at the point of the National Bank sperm (15-4), Sungnam-si, Sungnam-si, the Defendant did not have the intent or ability to resolve the various legal issues of the victim; (b) recovered the amount of money to be recovered in relation to H; (c) recovered the amount of money deposited by (ju) SDR SDR using a promissory note issued by I to recover the amount of money to be collected in relation to H; and (c) paid the balance of the transaction to be paid by the purchaser after the completion of the lawsuit related to B B B112 to G, one of three days out of three days, including: (i) recovering the amount to be recovered in relation to H; and (ii) recovering the amount to be collected by the purchaser to G.

(4) Additional measures to preserve the right to benefit of the K market shall be taken.

⑤ If the above dates are not entirely secured by January 31, 2014, the full amount received on November 25, 2013 shall be refunded until January 31, 2014.

“The” presented a written confirmation of the content of the victim, and demanded KRW 28 million to solve the legal problem of the victim, and the subject was obtained from the victim, who received one copy of the check from the victim, before the victim himself/herself.

Summary of Evidence

1. Partial statement of witness G;

1. Statement by a certain prosecutor with respect to L;

1. Part concerning G’s statement protocol (three times) concerning prosecutor’s office;

1. A certificate of M;

1. A certificate (related to KRW 28 million);

1.F commercial buildings, sales contract (F building 127 No. 127);

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