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(영문) 서울중앙지방법원 2012.06.21 2011고합1264 (1)
특정경제범죄가중처벌등에관한법률위반(사기)
Text

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 record] On September 30, 2010, the Defendant was prosecuted against the Seoul Central District Court (2010dan5531) for fraud; on July 27, 2011, the above court was sentenced to one year of imprisonment for fraud; and the above judgment is the same year.

8.4. Finality was established.

【Criminal Facts】

Co-defendant C (hereinafter “C”) prior to the separation of pleadings with the Defendant: (a) intended to borrow money from others as collateral for a false real estate lease agreement; and (b) intended to purchase the F apartment-dong 701, the victim E-owned in Jongno-gu Seoul, Jongno-gu, to register the transfer of ownership in the name of the Defendant and to flee without paying the purchase price to the victim.

On August 12, 2009, the Defendant made a false statement that “F apartment-dong 701,000,000 won shall be purchased from the victim in G real estate located in Jongno-gu Seoul, Jongno-gu, Seoul, and KRW 500,000,000,000,000,000 for the secured debt under the name of the Gyeonggi Mutual Savings Bank established on the above apartment, and shall be paid KRW 94,00,000,000.”

However, the defendant and C did not have any intention or ability to take over the victim's obligation or pay the purchase price to the victim.

On August 28, 2009, the defendant and C conspired as above, and acquired the registration of ownership transfer of the above apartment in the name of the defendant, which is equivalent to KRW 640,000,000,000 from the victim, by deceiving the above apartment.

Summary of Evidence

1. A copy of the protocol of examination of witness to E and I of this Court;

1. Copy of the protocol of examination of witness in relation to H of the case, such as the Seoul Central District Court 2010 Godan6901 (Merger);

1. Some statements in the suspect examination protocol of the prosecution concerning C (4 pages of investigation records);

1. Partial statement of the police interrogation protocol of the accused;

1. A sales contract and a letter of undertaking;

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