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(영문) 서울중앙지방법원 2013.04.19 2012고단6518
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. From March 7, 2012, the Defendant has been working as the representative director of C Co., Ltd. for the purpose of real estate sale business, and has overall control over his/her business.

2. Criminal facts;

A. On March 29, 2012, the Defendant committed the crime against the victim D, at the office of the above company located in Gangnam-gu Seoul Metropolitan Government on March 29, 2012, ordered F, the business director of the above company, to sell 331 square meters (100 square meters) out of 3304 square meters (hereinafter “instant land”) in the land located in Chuncheon-si, Chuncheon-si, where the above company is scheduled to acquire ownership, to the victim D. Since the station area is the station area, and the right to view is good, it would be able to lead to an increase in land prices in the future, thereby raising a large number of market prices. On March 19, 2012, the Defendant urged F, the business director of the above company, to the effect that “an additional payment of 24 million won, other than one million won, shall be made as a purchase price.”

However, the defendant and the above company did not have any intent or ability to transfer ownership to the victim even if they sold 331 square meters of the land of this case to the victim because there is no funds to purchase the land of this case.

On March 29, 2012, the Defendant, by deceiving the victim, was exempted from return of one million won of the above provisional contract amount from the victim, and acquired the same amount of pecuniary benefits, and was remitted to the new bank account (Account Number: H) with the Defendant’s name, KRW 4 million on March 29, 2012, and KRW 24 million on April 1, 2012.

B. From March 1, 2012 to April 2012, the Defendant committed a crime against the victim I, the victim J, the victim K, the victim L, the victim M, the victim N, and the victim N, in the foregoing place, it is necessary for the employees to pay the provisional contract amount to be paid in advance to the company by the customer to facilitate the purchase and sale of the instant land in order to facilitate the purchase and sale of the instant land.

land sales contract.

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