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(영문) 서울북부지방법원 2016.07.27 2015고단3817
사기
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On March 26, 2010, the Defendant was sentenced to eight months of imprisonment for fraud at the District Court of the Jung-gu District on July 25, 2010 and completed the execution of the sentence at the Jung-gu prison on July 25, 201.

[Criminal facts] The Defendant entered into an agency contract with the victim C for the sale of urban-type residential housing and officetels 150 households located in Gangdong-gu Seoul Metropolitan Government and the urban-type residential housing located in Gangdong-gu Seoul Metropolitan Government on July 2013, 2013. Thus, the Defendant would substitute for the sale of deposit KRW 20 million on the face of the owner.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant was in charge of the business of selling an urban-type residential housing building owner F with the owner of the said urban-type residential housing unit, and did not enter into the sales agency contract with F, and did not have any authority related to the sales agency contract. Therefore, even if the Defendant received the deposit from the damaged party, he did not have the intent or ability to enter into a sales substitute contract with the victim to substitute the sale of the housing unit.

Defendant deceiving the victim as above and entered into a contract with the victim for sale in lots around that time, and received 20 million won from the bank account of H name designated by the Defendant as a substitute deposit for sale in lots around the 17th of the same month and acquired it by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An investigation report (F telephone statement of the owner), an investigation report (Submission by facsimile of a contract for the sale of a building by units), a sales service contract, or a business registration certificate;

1. A written confirmation of investigation (a witness F and I's confirmation);

1. Receipts and details of financial transactions;

1. Previous convictions in the judgment: Investigation report (a confirmation of facts of the same kind of crime committed by a suspect A and attachment of a sentence of confinement), judgment (a second sentence of 2009, second sentence of 1782, second sentence of 2009, second sentence of 2009, second sentence of 2010, second sentence of 788, second sentence of 2010, second sentence of 2010, second sentence of 2010,

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