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(영문) 서울남부지방법원 2018.09.14 2017고단2273 (1)
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[criminal history] On May 29, 2013, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Southern District Court, two years of probation, and the judgment became final and conclusive on December 20, 2013. On February 9, 2015, the same court sentenced ten months of imprisonment for a crime of fraud and two years of suspended execution, and the judgment became final and conclusive on November 7, 2015. On November 30, 2016, the same court was sentenced to eight months of imprisonment for a crime of intrusion upon residence, etc. and became final and conclusive on June 16, 2017.

[2] From February 2010, the Defendant was aware of the fact that the Defendant was a person who received the remaining construction of the said officetel from a private individual corporation E, a private individual implementing the said officetel from Yeongdeungpo-gu Seoul Metropolitan Government D New Construction Corporation, and was aware of the fact that the said officetel was sold together with G (guilty confirmation) which is the representative director of the said company, and acquired the sales price by deceiving it.

G In the F Office located on the second floor of the D Office on December 27, 2010, G, at the victim H, may be sold in lots at a small amount because “D Office has not yet undergone completion inspection, but may obtain approval for completion immediately.”

If the completion inspection is not completed, it can continue to live and if the completion inspection is completed, the balance will be paid and occupied.

“Falsely speaks to the purport that it is “,” and the Defendant may promptly be sold if the completion of construction falls off.

“A false statement was made to the effect that “The purchase price was KRW 180 million, the down payment was KRW 25 million, the intermediate payment was KRW 30 million, the remainder payment was KRW 125 million, and the purchase price was written to the victim.

However, in fact, the sales of the above officetels was agreed to be in charge of the executor, and the defendant company did not have been entrusted by the executor with the sales business, and the land and buildings of the above officetel were registered under the name of the Korea Asset Trust Co., Ltd. on February 19, 2008, and the executor did not sell them in lots. Thus, the defendant company recognized the ownership of both the two, the sales price of which should be deposited into the account of the Korea Asset Trust Co., Ltd.

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