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(영문) 서울중앙지방법원 2016.08.17 2015고단8163
사기
Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 26, 2008, in collusion with the Defendants, at the victim G's office located in Gyeyang-gu F in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, 2008, the Defendants entered into a sales contract as to the victim's "the above ground officetels 1007, located in Yangyang-gu, Yangyang-gu, Yangyang-gu, the Defendant would sell 100% of the officetels, and this officetel is sold in lots by us.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendants agreed to purchase the instant officetel from around March 21, 2008 to purchase the sales amount of eight billion won from I and “in the event of sale, lease, or transfer to another person without the seller’s approval, the said sales contract is automatically terminated and all rights to officetels are waived.

“Although a contract was entered into on the condition of a special agreement to the effect that “,” there was no consent from I to sell the above officetel, so even if the contract was concluded with the victim because there was no right to sell the above officetel, there was no intention or ability to sell it.

Nevertheless, the Defendants deceiving the victim as above and received KRW 70 million from the victim as the same day down payment and intermediate payment.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on a complaint, an officetel supply contract, and deposit slip;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;

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