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(영문) 서울서부지방법원 2014.11.20 2014고단1097
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On January 5, 2012, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Western District Court, and the said judgment became final and conclusive on January 13, 2012.

【Criminal Facts】

Around June 2, 2007, the Defendant made a false statement to the effect that “The Defendant would enter into a sales contract because it is expected to remove the building on the ground of Eunpyeong-gu, Seoul, and one parcel, other than the Seoul, is located in the land to be constructed by the Greendong Welfare Center, which is an urban planning facility of Seoul, by the end of the end of 2008, and is entitled to the right to occupy the 33-dimensional apartment unit, which is sold by the SH after removal.”

However, in fact, there was no plan to build the Greendong Welfare Center, the urban planning facilities of Seoul, in the Eunpyeong-gu Seoul Metropolitan Government, and there was no plan to remove the above ground buildings, and even if the above ground buildings were not sold, there was no intention or ability to allow the purchaser to obtain the right to occupy the apartment.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 10 million on the same day as the sales price down payment with respect to the above building B02, and received KRW 15 million in total from the victim around August 3, 2007, and received KRW 115 million from the victim around August 3, 2007.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A copy of a real estate sales contract;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered as the reasons for sentencing):

1. The reason for sentencing Article 62-2(1) of the Social Service Order Act and Article 59 of the Act on Probation, etc. exceeds KRW 100 million and the defendant several times.

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