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(영문) 서울중앙지방법원 2018.07.10 2018고단1009
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 26, 2013, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court on August 3, 2013, and the judgment became final and conclusive on August 3, 2013.

【Criminal facts】 The Defendant is a person who operated D, from March 2013 to March 2013, the planning unit company located in the third floor of the Gangnam-gu Seoul Metropolitan Government C building.

1. On March 2013, the criminal defendant against the victim E was awarded a successful bid for the FF forest in Gyeongginam-si, and sold 100 square meters among them to the victim E at the above office around 2013.

If payment is made, the registration of transfer of ownership will be made by June 30, 2013.

The phrase “ makes a false statement.”

However, in fact, the Defendant received a successful bid of KRW 14.6 million from the auction and paid the remainder of KRW 110 million to May 2013, 201, and was able to acquire ownership only by paying the ownership of the said land. However, the Defendant intended to use the said land as company expenses, such as labor cost, rather than the remainder of the payment of the money received from the injured party, and the Defendant did not have any special property or income, and there was no specific plan to prepare the remainder of the successful bid, so there was no intention or ability to transfer ownership to the victim by paying the remainder of the successful bid.

The Defendant: (a) by deceiving the victim as above; (b) received cash KRW 3 million from the victim as the purchase price on April 1, 2013; (c) received KRW 20 million on April 1, 2013; (d) KRW 5 million on April 17, 2013; (e) KRW 5 million on April 26, 2013; (c) KRW 4 million on April 30, 2013; (d) KRW 5 million on June 5, 2013; and (e) received KRW 20 million on August 1, 2013; and (e) acquired KRW 62 million on a total from each remittance.

2. On March 2013, the criminal defendant against the victim G was awarded a successful bid for the FF forest in the Gyeonggi-nam City, and the 30 square meters out of the bid will be sold to the victim G at the above office in KRW 6.5 million per square.

If payment is made, the registration of transfer of ownership will be made by June 30, 2013.

The phrase “ makes a false statement.”

However, in fact, the defendant does not sell the above land at auction 140 million won.

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