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(영문) 서울동부지방법원 2012.05.31 2011고정2881
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

[Criminal Justice] On October 9, 2008, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Northern District Court on October 17, 2008, and the judgment became final and conclusive on October 17, 2008. On August 13, 2009, the Seoul Central District Court sentenced a fine of 30 million won as a crime of fraud at the Seoul Central District Court on August 21, 2009, and the judgment became final and conclusive.

【Criminal Facts】

The defendant had the victims purchase real estate by deceiving them to have the right to move into an apartment building constructed by the Seoul Special Metropolitan City SH Corporation, and had them acquire money.

1. Around April 24, 2006, the Defendant against the victim C made a false statement to the effect that “If he purchases two-story houses in Gangseo-gu Seoul Metropolitan Government E, he would immediately be admitted to a public site and have the right to move into the apartment building constructed by the Seoul Metropolitan Government SH Corporation.”

However, the above area has no intention or ability to obtain the right to move into the apartment constructed by the Seoul Metropolitan Government SH Corporation even if the victim purchases the Gangseo-gu Seoul Metropolitan Government E Housing No. 201 because it was unclear whether the development plan, etc. was finalized or proceeded so that the owner can obtain the right to move into the above area.

On May 12, 2006, the Defendant, by deceiving the victim as such, obtained KRW 5 million from the victim as a down payment, and obtained KRW 15 million in total as a result of the balance from the victim, and acquired KRW 110 million by deception.

2. On May 10, 2006, the Defendant against the victim F made a false statement to the victim F to the effect that “If he purchases multi-household housing in Eunpyeong-gu Seoul Metropolitan Government D office, he/she shall immediately have the relevant area and become a road site and have the right to move into the apartment in the Sejong Doe District or the Doedong District to be constructed by the Seoul Special Metropolitan City SH Corporation,” and that the victim would have the victim purchase the Eunpyeong-gu G 102 unit 165 million won.

(b).

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