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(영문) 서울중앙지방법원 2012.05.23 2011고단576 (1)
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, C, and D had the victim E sell Kimpo-si, the market value of which is equivalent to KRW 400 million, Kimpo-si, G, H, H, and I, and had the victim request the case to the above attorney-at-law office, after having consulted with the Defendant and C, with the knowledge that it is in a state of risk of loss of ownership of the above land due to the auction procedure based on the right to collateral security set up in J et al. before receiving the purchase money, which was set up in the above land. D would like to introduce a famous attorney-at-law office in Seoul around January 4, 2010.

The defendant is not the head of the above attorney-at-law office, and the defendant C and D have no intention or ability to handle the above auction case, but there is no intention or ability to do so, and as the security deposit should be paid in order to suspend the progress of the above auction case, they conspired to acquire money from the victim as a deposit money.

D around January 29, 2010, the victim inducedd the victim to the above attorney-at-law office, and had the victim explain about the deposit related to the auction case from the defendant and C, and the defendant makes a false statement to the victim stating that "the deposit should be entered to suspend the auction procedure. The money entered as the deposit can be returned when the auction case is resolved later. M apartment will be offered as security in preparation for the case where the deposit is erroneous."

C As above, while being aware of the fact that the defendant acquired money from the victim as a deposit money for the suspension of the auction procedure, the defendant is aware of the fact that he obtained money from the victim, the judgment related to M apartment building will be completed immediately, and the right to collateral security is to be established in M apartment.

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