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(영문) 서울동부지방법원 2018.12.20 2018고단3367
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the representative director E, a corporation established for the purpose of the real estate sale business, etc., and the victim F and the victim G are the persons who intend to jointly purchase the commercial buildings of H apartment.

1. On October 2014, the Defendant, a de facto spouse of the victim F, shows the drawings and sales price list of the commercial buildings to I, a de facto spouse of the victim F, and, “I know not only the regular business affairs of J but also the president of H’s private cooperation, who is also aware, will allow H to sell the commercial buildings by multiple contracts.

On November 20, 2014, “A request for KRW 200 million” made a false statement to the same effect in the E office located in Busan Shipping Daegu L.

However, even if the defendant receives money from the victim F, he only thought that he will use it for his business and did not have the intention or ability to allow the commercial building to be sold out by several contracts.

The Defendant received the above horses through I and acquired them from the victim F who believed to be true, by means of the transfer of KRW 200 million from November 20, 2014 to the E account of the Co., Ltd.

2. On December 18, 2014, the Defendant continued to make a false statement to the effect that “The victim G and I want to conclude a multiple contract” while displaying the number of commercial buildings contracts at the K Office located in Jongno-gu Seoul Metropolitan Government M, and that “the need to add 100 million won to the conclusion of the contract.”

However, even if the defendant receives money from the victim G, he only thought that he will use it for his business and did not have the intention or ability to allow the commercial building to be sold out by several contracts.

On December 24, 2014, the Defendant acquired KRW 100 million from the victim G to E’s account.

Accordingly, the defendant received a total of KRW 300 million from the victims of joint buyers and acquired it by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G, N, I, and F;

1. A complaint;

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