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(영문) 서울중앙지방법원 2017.08.10 2016고단6627
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a space between the victim and the victim with the lease of the Gangnam-gu Seoul Metropolitan Government Down 302, which the victim C manages, and resided in the above loan.

On February 25, 2013, the defendant, at the above defendant's house around February 25, 2013, would allow the victim to purchase the F apartment unit by the F apartment unit, if he takes the down payment in order to operate the F apartment sales business in Gyeonggi-si.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, the defendant or the above E did not have any intention or ability to sell the above F apartment unit to the victim, even if the defendant received the down payment from the injured party, even though he did not have any intention or ability to sell the above F apartment unit to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) by deceiving the victim; (c) KRW 600,000 in cash from the victim’s seat; (d) KRW 700,000 in cash around March 6, 2013; (c) KRW 1 million in cash around March 6, 2013; (d) KRW 700,000 in cash around April 30, 2013; and (e) obtained KRW 1 million in cash from the Defendant’s house around May 14, 2013; and (e) acquired KRW 5 million in total from the Defendant’s house, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Each payment note, note, note

1. Investigation report (review report of the data submitted by the complainant) (the defendant and defense counsel) (the defendant did not make a statement to the victim about the sale of F apartment units to the victim, and did not receive five million won as the sales contract deposit;

The argument is asserted.

However, in full view of the following facts and circumstances admitted by the above evidence, this part of the facts charged is recognized.

(1) If the victim paid KRW 5 million as the down payment to the defendant and the defendant's live together with the payment of the remainder as the down payment for one household unit of the F apartment, he/she shall appropriate the remainder as the rent payable, and the intermediate payment shall be lent KRW 50 million, and the remainder shall be appropriated for the bank loan.

No statement shall be made without hearing from the defendant.

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