(영문) 서울남부지방법원 2014.08.21 2014고단1707

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(영문) 서울남부지방법원 2014.08.21 2014고단1707

사기

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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 21, 201, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Incheon District Court, and the judgment was finalized on January 27, 2012. On October 18, 2013, the Seoul Western District Court sentenced two years of suspended execution to eight months of imprisonment for a crime of fraud, and the judgment became final and conclusive on October 26, 2013.

【Criminal Facts】

The defendant is the representative director of the corporation C, and from early 2006, he is the person who has been in charge of the new construction of the "Etel" in Yeongdeungpo-gu Seoul Metropolitan Government D.

On June 1, 2007, the defendant stated that "The defendant would have completed the registration of ownership transfer by September 2007, 2007, 100 million won in the name of the sale price." The defendant stated that "The defendant would transfer KRW 100 million in the name of the sale price."

However, in fact, the Defendant was in a situation where the construction fund was insufficient due to the lack of construction fund, and Etel could be completed within September 2007 due to the shortage of construction fund. Furthermore, even though the victim could be guaranteed a normal right to sell money transferred from the victim to the Korean Assets Trust Corporation account, he/she had the intent to use the money transferred from the victim as the construction cost, so the victim did not have the ability or intent to allow the victim to purchase the said subparagraph 609 until September 2007.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the single bank account under the name of the Defendant on June 6, 2007, KRW 60 million on June 7, 2007, KRW 19 million on June 8, 2007, KRW 15 million on June 1, 2007, and KRW 100 million on June 15, 207, respectively, and received money from the victim for the purpose of selling in lots.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the substitute part);

1. Sales contract, E-sale contract confirmation for full payment, and

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