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(영문) 서울북부지방법원 2017.07.12 2017고단1055
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

[criminal records] On May 21, 2015, the Defendant was sentenced to a suspended sentence of four months for criminal fraud at the Suwon Giwon, and the said judgment became final and conclusive on December 23, 2015.

[Criminal facts]

1. On January 27, 2015, the Defendant against the victim E was almost trying to purchase KRW 2.0 billion from J, the main owner of the 123-household 123-household buildings in the Seoul Gangnam-gu Seoul Metropolitan Government, at the subway G station located in Gangnam-gu Seoul, for the victim E.

If the cost is required for KRW 20 million, 705 out of the above officetels will be paid to KRW 150 million, which is a half of the sales price of the above officetel.

“A false statement” was made.

However, the above I Officetel was suspended due to the failure of the Corporation around 2009 when the defendant performed the construction of the above Officetel at K Co., Ltd., for which the defendant worked as a director, and the construction was made in provisional attachment at the financial institution where the PF loan for the construction cost was in progress and there was no serious progress in the construction of the buildings and other sales projects even after the ownership of the Officetel was over the J of the limited company, and the defendant did not have any actual plan to discuss the purchase of the above officetel and the J of the limited company, or to prepare a purchase fund exceeding 20 billion won, and thus, he did not have any authority to trade the above officetel with the victim, as agreed, even if the defendant received money from the victim, such as there was no authority to trade the officetel.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim to the new bank account (M) account (M) in the name of the Defendant’s child in the same place, under the name of the Defendant, as the contract deposit for the sales of officetels.

2. On July 22, 2015, the Defendant, against the victim D, tried to purchase the victim D with KRW 22 billion from J, the main owner of the Itel 123 household building in Yeongdeungpo-gu Seoul, Seoul.

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