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(영문) 서울중앙지방법원 2017.05.18 2016고단7782
사기
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

Defendant

A was the vice-chairperson of F (State), Defendant B was the chairperson of (State)G, and Defendant C was the person who misrepresented the president of H (State).

On March 20, 2012, at the second floor F office of Jongno-gu Seoul Metropolitan Government I building, Defendants were expected to start the apartment construction project for the victim E within one month. The Defendants made a false statement to the effect that, among the above apartment buildings, the Defendant would return the total amount of the agreed amount without any condition when the construction work has been commenced within one month.

However, in fact, since the suspension of the construction work around September 198, the construction work has been conducted several times, and it is unclear whether the construction is resumed because the dispute with lien holders has not been settled, so it is impossible to commence the construction work within one month. Of the agreed amount of KRW 30 million received from the injured party, Defendant A, Defendant B, and Defendant C were to use the agreed amount of KRW 12.5 million for their personal purposes, and Defendant C did not have any intent or ability to return the agreed amount received from the injured party if the construction work has not been commenced within one month.

The Defendants conspired to induce the victim and let the victim enter into an agreement on sales agency on March 23, 2012, and acquired the money by remitting KRW 30 million to the Korean bank account under the name of the Defendant C on March 27, 2012.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each protocol concerning the examination of suspects against the Defendants in the preparation of a public prosecutor;

1. Each statement protocol with respect to E and K;

1. A copy of each agreement (Evidence Nos. 2 and 6), a remittance confirmation, a letter of intent to participate in execution, and a copy of the passbook;

1. Data, such as replies to requests for cooperation in investigation, decisions on permission for sale, etc.;

1. Application of Acts and subordinate statutes to a investigation report (abstining the progress of construction on the site and the decision on permission for sale on the site of this case);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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