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(영문) 광주지방법원 2017.12.14 2017고단4399
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 29, 2014, the Defendant was sentenced to three years of imprisonment for fraud in the Busan District Court Branch Branch of the Incheon District Court on August 29, 2014, and the said judgment was finalized on September 5, 2014. On November 16, 2017, the Gwangju District Court sentenced eight months of imprisonment for fraud and embezzlement, and the said judgment became final and conclusive on November 24, 2017.

[2017 Highest 4399] The Defendant, on August 16, 2010, visited the office of the Co., Ltd. Co., Ltd., Ltd., which had been located in the 1204 building D, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City around August 16, 2010, issued a sale order by designating 15 number of 14th floor of the 14th floor of the YY-gu F

“A false representation was made.”

However, in fact, the financial status of C around 2010, at the time of sale of the above F items, was not good, and C sold in lots.

Since the F Building has to pay the cancellation fee and the guarantee fee for rental profit arising from the impossibility of moving into the building, there was no intention or ability to complete the F Building normally within several months.

The Defendant deceiving the victim as above, and was paid in cash the remainder KRW 35 million around August 16, 2010 from the victim, which was paid in cash around August 16, 2010, and around August 18, 2010.

Accordingly, the Defendant, by deceiving the victim, obtained a total of KRW 58 million from the victim on two occasions, and acquired it by fraud.

[2017 Highest 4845] On February 22, 2010, the Defendant concluded a sales contract with the her husband J of the victim I through the management director H for the 14th floor of the building in the F building located on the 1st floor in Bupyeong-gu Seoul Special Metropolitan City, Busan Special Metropolitan City. The Defendant would acquire ownership as soon as he/she concluded a sales contract with K as the owner of the 14th floor of the above building. Accordingly, if around June 2010, officetels would be completed and it would be possible to move into the F building normally.

“A false representation was made.”

However, at the time of fact, the defendant paid K only KRW 200,000 as down payment out of the purchase price, and the balance in the corporate account of C is almost rare.

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