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(영문) 서울서부지방법원 2018.02.20 2017고단253
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who actually operates C with the purpose of construction business, etc., and around October 5, 2014, around E hotel located in Mapo-gu Seoul Metropolitan Government, the victim F, a sales agent, is implementing G apartment.

A sales contract for about 70% of the site was concluded and construction companies were also set up.

In the face of 12 months, the sale of buildings in lots began, and there are many expenses to be entered, so that the sale of buildings in lots will be carried out by lending KRW 200 million, and 200 million will be paid up until December 15, 2014.

“The phrase “ was false.”

However, around March 24, 2014, the Defendant concluded a sales contract with members pursuant to the business agreement with the association and did not pay the purchase price, and thus, the Defendant terminated the business agreement. The construction company in the state of being notified and was not determined. Even if both the said company and the Defendant received money from the damaged party due to the lack of particular assets, the Defendant did not have any intent or ability to cause the injured party to sell an apartment to be newly constructed on the said site or to pay the money from the injured party.

Nevertheless, the Defendant, as seen above, received KRW 100,000,000 from the injured party on October 16, 2014, and KRW 50,000,000 from October 22, 2014, respectively, and received KRW 160,000 from the national bank account (I) in H’s name on November 13, 2014 to transfer KRW 10,000,000,000 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness H, F, J, K, and L;

1. A written protocol concerning the examination of the suspect to each prosecutor or the police (including the whole part of the suspect);

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made by the police with regard to F;

1. A copy of G apartment sales agency contract, a copy of business registration certificate, a copy of M Co., Ltd. registry, and a summary of construction works;

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