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(영문) 서울중앙지방법원 2020.03.26 2019고단980
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

B is the president of the Dispute Resolution Co., Ltd, and the defendant in Seoul Special Metropolitan City, the director of the above company.

On April 25, 2017, the Defendant and B made a false statement to the victim E, stating, “The Dispute Resolution Co., Ltd agreed to accept the F building in the amount of 38 billion won, paid 10% of the total amount as the down payment, and all remaining amounts were created as the bonds. The Defendant and B would give priority to the payment of KRW 30 million out of the 100 million security deposit for sales agency, which shall reduce the power to sell in lots to the 100 million won, and it is necessary to pay the bonds company with only one entertainment expense against the bond company. It is also necessary to complete all payment of the balance, etc. within two weeks, and to enter into a sales agency contract.”

However, in fact, at the time, the LAD entered into a contract with G to purchase the right to preferential benefit and the right to execute the above building, which is the preferential right holder in relation to the above building, but the contract was rescinded because it was not paid at all, so the defendant and B did not have any authority over the above building, and even if they did not receive money from the victim as the security deposit for sale,

The defendant and B received 30 million won from the victim to the Hbank account (I) in the name of the Lbank in the same day.

Accordingly, the defendant acquired the property of the victim in collusion with B.

Summary of Evidence

1. Statement by the witness J;

1. Statement made by witnesses E in the sixth trial records;

1. Entry of K and G in the seventh trial records;

1. The following circumstances, which are acknowledged by the evidence duly adopted and examined by the court, the grounds for conviction of each written agreement, the preferential right to benefit, and the transfer contract, were concluded on April 3, 2017 by a contract to purchase the preferential right to benefit, etc. of the building stated in the facts constituting a crime of G management (hereinafter “instant sales contract”), and the contract to pay KRW 3.5 billion among them as the down payment.

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