logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.07.13 2016고단1349
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 2014, 2014, the Defendant purchased the victim B and the victim C of the non-permanent area of Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the "Sacheon-do apartment house") as a business relationship, and the parties would purchase three of them.

(15,000,000 won per bond shall be sold.

A false statement was made to the effect that “The ownership of the above apartment shall be transferred in the state where the purchase price is paid, and there is no main loan or defect.”

However, at the time of fact, the defendant concluded a purchase contract for the above D apartment without any special property or income, and received the above D apartment 6 bonds from the victims, but it was insufficient for the victims to pay the balance of real estate sales and purchase payment to the original owner of the above D apartment, so there was no intention or ability to transfer the victims the ownership of the above D apartment 6 bonds to the state without any defect.

Nevertheless, the Defendant: (a) by deceiving the victims as above; and (b) transferred KRW 45 million from the victims to the bank account under the name of the Defendant’s wife E on October 10, 2014 under the name of the purchase price for the said D Apartment Bonds Nos. 9, 401, 6301, 9, and 406, and 406,00 won to the said account; and (c) acquired KRW 7,150,00 from the victim C under the name of the purchase price for the said D Apartment Bonds No. 406, 408, 9, 408, 9, and 404,00 won as the purchase price for the said Bonds No. 506, Oct. 8, 2014; and (d) KRW 13,150,000 from the said account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to C and B;

1. Investigation report (application for registration of establishment of a right to collateral security submitted by a suspect A, submission of documents for registration of transfer of ownership - appendix 1 through 3 of evidence list), investigation report (Attachment to an application for loans submitted by a suspect

1. Application of Acts and subordinate statutes on a copy of a real estate transaction contract and a receipt;

1. Article 347(1) of the Criminal Act of the same Act concerning the facts constituting the crime, and Article 1.1.1.

arrow