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(영문) 서울북부지방법원 2016.05.11 2015고단4553
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to two years of imprisonment for fraud at the Seoul Northern District Court on October 16, 2014, and three years of suspended execution, and the judgment became final and conclusive on October 24, 2014, and is currently under suspended execution.

[2] On March 31, 2010, the Defendant issued a false statement on March 31, 2010 to the victim that “G, the owner of the building of this case, will receive KRW 30 million from G to receive KRW 30 million of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the lease of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of KRW 30 million from G within one week from the State.”

However, on February 28, 2004, the Defendant concluded a sales contract for the building of this case (the purchase price of KRW 80 million) with the seller and G as the buyer by stating that “The Defendant would grant the right to move into the apartment in the site of the building of this case to be constructed in accordance with the Seoul Special Metropolitan City plan.” However, on or around June 28, 2004, the Defendant concluded a sales contract for the building of this case (the purchase price of KRW 80 million) with the Defendant’s employee as the seller and G as the buyer. However, on or around June 5, 2006, the said apartment construction did not actually perform the said apartment construction, and even around June 2, 2008, there was no demand for the return of KRW 80 million from G to make a written statement of performance, and there was no demand for the return of KRW 80 million, and there was no intention for the payment of the deposit between G and the victim or there was no ability to grant it to the victim as above.

Nevertheless, the defendant deceivings the victim as above, and thereby, he was the new bank account (J) with the I's name on March 31, 2010 from the victim.

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