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(영문) 서울중앙지방법원 2012.12.05 2011고단6976
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of punishment shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 28, 2009, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Special Measures for Fraud and Real Estate at the Seoul Central District Court on the Punishment of Fraud and the Act on the Special Measures for Real Estate, and the judgment became final and conclusive on June 5, 2009. On August 27, 2009, the Seoul Western District Court sentenced a suspended sentence of four years for a violation of the Act on the Special Measures for Fraud and the Act on the Special Measures for Real Estate, and the judgment was final and conclusive on September 4, 2009.

【Criminal Facts】

When purchasing part of the E site in Seodaemun-gu Seoul Metropolitan Government, the Defendant was willing to acquire the sales proceeds by selling the shares of the above site as if he can obtain the right to occupy a special apartment unit of apartment sold by SH Corporation in the future.

1. The criminal defendant against the victim F expressed that he/she purchased the above site to H, which he/she became aware of through the introduction of his/her punishment G, and caused the victim F to enter into a sales contract with the person who wants to obtain the above occupancy right. On September 2006, Gangdong-gu Seoul Metropolitan Government I real estate, that "The victim F would be entitled to the special apartment purchase right sold by the SH if the Seoul Seodaemun-gu E site is transferred to a social welfare facility because some of his/her expected shares are to be expropriated as social welfare facility."

However, there is no intention or ability to allow the victim to purchase shares of the above site because the above site has been determined as a site to be expropriated as a social welfare facility.

On September 26, 2006, the Defendant, by deceiving the victim as above, had H receive KRW 10 million from the above I real estate on September 26, 2006, and received KRW 120 million in total from the above I real estate on March 5, 2007. The Defendant received KRW 130 million from the victim on March 5, 2007.

2. The Defendant, against the victim J, had H enter into a sales contract as stipulated in paragraph 1, and H knew around December 2006.

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