logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2014.08.20 2013고단2104
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 4, 2006, the Defendant presented to the victim E a real estate sales contract and a receipt for the down payment of KRW 500 million and intermediate payment of KRW 760 million for the non-F and 11 other parcels of land in Songpa-gu Seoul building No. 303, the Defendant made a false statement to the victim E, stating, “The Defendant purchased the G site in Namyang-si, and constructed a multi-use film theater. Upon paying the deposit for the parcelling-out agency, the Defendant would have the right to sell the above film theater by proxy, even if the project is not carried out, because the Defendant paid the down payment of KRW 50 million for the sales site and the intermediate payment of KRW 760 million,00,000,000 for the business site, even if the project is not carried out.”

However, in fact, the real estate sales contract and the above receipt presented by the Defendant to the victim was prepared upon the request of H, the owner of the above project site, and the down payment and intermediate payment was not paid as stated in the actual receipt. The Defendant did not have any intent or ability to return the deposit to the victim in a situation where it is difficult to promote the project because it is difficult to pay the down payment for the sale and purchase of the above project site, unless he/she is given a loan to his/her employees.

The Defendant, by deceiving the victim as above, received KRW 150 million from the victim as a security deposit for sale in lots, and received KRW 50 million in total from the Industrial Bank of Korea account in the name of D Co., Ltd., to transfer KRW 50 million on the 12th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. A witness E and H’s legal statement, witness I, J and K’s legal statement;

1. Statement of the police statement to K;

1. A contract for parcelling-out agency;

1. A real estate sales contract;

1. A copy of a bankbook;

1. A written notification;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act concerning the facts constituting an offense;

arrow