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(영문) 서울중앙지방법원 2012.09.27 2011고단6000
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for two years and six months at the Seoul Central District Court on May 13, 2009 and the judgment on November 26, 2009 became final and conclusive.

【Criminal Facts】

On November 25, 2004, the Defendant entered into a contract with C to purchase a total of 10,000 won by calculating the total of 10,000 won per square meter 2.5 billion won per square meter, including Gyeonggi-gun D, and paid 250 million won as the down payment. However, on February 4, 2005, the Defendant did not seek an intermediate payment of 750 million won which shall be paid until February 4, 2005.

On January 26, 2005, the Defendant requested the Victim G G, the representative director of E he actually operated, to pay the above intermediate payment of KRW 750 million to the victim 7.5 million, and becomes a joint purchaser of the above sales contract. Of the above 10,000 square meters, 4,000 square meters are jointly owned by the Defendant and the victim. The remainder of 6,000 square meters is to be settled by the Defendant for a third party, and the remainder of 1,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

However, on March 29, 2005, the Defendant calculated KRW 633,00,00 of the 6,000 Gyeonggi-gun, which was a part of the above 6,000 square meters, and sold KRW 200,000 to J through (State) I operated by the Defendant, and received the price, and embezzled 50,000,000 won of the profit, excluding KRW 150,000,000,00,000,000 from the owner’s agent C as the partner’s money at his own discretion at around that time. The victim, who became aware of such fact, filed a complaint against the Defendant against the police for embezzlement on June 2005.

On July 13, 2005, the Defendant, at the office of “E” operated by the Defendant located in Gangnam-gu, Seoul, to share the benefit amount against the victim by transferring it to others.

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