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(영문) 서울동부지방법원 2017.04.28 2016고단2173
사기
Text

Defendants shall be punished by a fine of seven million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

B is the vice president of E Co., Ltd. located in Yangcheon-gu Seoul Metropolitan Government D and the defendant A is the representative director of the above corporation.

The Defendants, while having no intention or ability to exercise the right to sell an officetel to another person, conspired the victim F (F) to deceit the money by deceiving the victim F (F) as if he had the right to sell the office.

Defendant

B On April 2015, 2015, at the trade infinite-dong, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, the above victim was entrusted with the construction of officetels constructed on the H site of Changwon-si, Changwon-si.

A lot is also secured, and a new construction project may be carried out with a building permit immediately.

First of all, in order to secure the vicarious sale of buildings in lots, the above officetel sales agency will be entitled to deposit KRW 50 million, and the received money will be returned until July 31, 2015, after the commencement of the sale of buildings in lots.

However, in fact, even though there was a stage of negotiations on land trust contracts with Korea Assets Trust Co., Ltd. with respect to the site for the above officetel new construction works, it was not possible to secure a business site from owners of land due to different opinions on the selection of the office building. In the absence of a land trust contract, it was not definitely conducted as to whether to raise financial rights through Korea Assets Trust Co., Ltd., and it was not subject to a construction permit.

As scheduled, there was an unstable situation in which it was possible to carry out a new construction project, and the money received from the injured party as the name of the deposit was thought to be used for personal purposes, such as paying close office rent. Since there was no particular property or certain source of revenue at the time, there was no intention or ability to pay 50 million won until the agreed date, as agreed.

The Defendants conspired to and deception the victim, thereby deceiving the victim.

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