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(영문) 서울동부지방법원 2020.10.12 2020고단1305
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In early 2016, the Defendant received a request from the victim B to "if there is a person who intends to sell a store in the Songpa-gu E market, to introduce the request," and tried to obtain the difference by deceiving the victim by purchasing the store on behalf of the victim by means of unfasing the selling price.

1. Around April 2016, the Defendant stated that “The Defendant may purchase a 45 million won store under the E market” to the victim in Songpa-gu Seoul, Songpa-gu. The Defendant would purchase money on behalf of the E market.”

However, the sales price of the above store was 33 million won.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 45 million from the victim as the purchase price on April 18, 2016, and acquired KRW 12 million from the actual purchase price.

2. Around September 23, 2016, the Defendant called “the Defendant was sent to a store in the E market” by phone to the victim in Songpa-gu Seoul, Songpa-gu, Seoul. The trading price was KRW 45 million with the second floor G. When sending money, the Defendant would purchase the said store on behalf of the said store.”

However, the sales price of the above store was 33 million won.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received from the victim a transfer of KRW 20 million on September 23, 2016, and KRW 25 million on September 26, 2016, and acquired the difference between the actual trading price and KRW 12 million on September 26, 2016.

3. On October 2016, the Defendant stated that “The purchase price of the first floor H store is KRW 55 million,” to the victim at the Defendant’s office located in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant would be purchased on behalf of the said store.”

However, the sales price of the above store was 35 million won.

Nevertheless, the Defendant, as above, deceiving the victim and transferred the victim the amount of KRW 20 million on October 19, 2016 and KRW 35 million on October 28, 2016 from the victim as the purchase price.

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