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(영문) 서울남부지방법원 2018.01.31 2017고단1970
사기
Text

Defendant

A Imprisonment for eight months, for six months, for six months, and for four months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

1. The criminal defendant A, B, or C's fraud;

A. Defendant A was the representative of F Co., Ltd., who was an apartment sales agent for the Housing Association located in Yeongdeungpo-gu Seoul Metropolitan Government, and Defendant B and C were the former employees of the above company.

However, in the absence of many applicants for the purchase of the right to purchase the apartment, the Defendants concluded a sale agreement with a lower price than the amount originally determined to increase the performance of the apartment, and announced that it is possible to resell or fully refund the right to purchase the apartment according to the intention of the contractor, thereby soliciting policyholders.

Therefore, Defendant C is at around June 6, 2014, in the sale office of Yeongdeungpo-gu Seoul Metropolitan Government G H H H heading around the victim I, “In addition to the goods of the original owner, the sale price of which is KRW 590,000,000 is 5-10% discount.

In order to conclude a provisional contract with a maximum of 30 million won, and to cancel the contract if it is intended to sell or terminate the market price marginal profit after three months after the conclusion of the contract, it was false to the effect that the contract will return the down payment of KRW 30 million.

However, in fact, even if the Defendants received money from the injured party under the name of the purchase price for the right to purchase, they did not have the intent or ability to pay profits or to fully refund the principal of the purchase price, even if they received money from the injured party, because they did not have the intention or ability to pay the proceeds by resale or to fully refund the principal of the purchase price.

The Defendants conspired to induce the victim as such and deceiving him/her to do so on or around June 7, 2014 and fake to KRW 590 million for the purchase price of KRW 59,000,000.

Subject to a discount of 7% for the sale price for the goods of general members, an oral family contract is concluded under the name of the wifeJ of the victim (to prepare a provisional contract in the name of the J of the following day) and receives 30 million won from the above account as the down payment, and receives 59 million won from the victim on June 8, 2014.

For the goods of general members;

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