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(영문) 서울동부지방법원 2016.09.21 2016고단1565
사기
Text

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

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Eastern District Court, and appealed therefrom, and was sentenced to two years of suspended sentence on July 7, 2016 at the appellate court, and is still pending in the final appeal.

1. On January 26, 2014, the Defendant: (a) as a person operating D Co., Ltd. for hotel accommodation business and facility business for tourist use in Gangnam-gu Seoul on behalf of the Defendant in Gangnam-gu, the Defendant sold to the victim E at least three stories of G hotel buildings located in Busan Shipping Daegu F, which is owned by the Plaintiff, in the trade influent coffee shop in Songpa-gu Seoul on January 26, 2014; and (b) as an sales agent, he/she purchased at least three stories of G hotel buildings in F in Busan Shipping Daegu, which is owned by the Plaintiff. If sales is made in the future, 7% of the selling price is deducted from the sales price;

“The phrase “ was false.”

However, in fact, the above G hotel of the D owner of the Defendant’s operation was registered in trust with the Asia Trust Co., Ltd. on June 27, 2012, and was unable to repay D’s debts up to 16.9 billion won, and the public auction from November 29, 2012 is underway, and there is little probability that the public auction will be resolved, and it has already been lent 100 million won under the pretext of giving H’s right to sell a G hotel to another sales agent around November 22, 2013. Thus, even if the victim received a sales deposit, the victim did not have the intent or ability to grant the right to sell the above G hotel’s sales agent, or return the sales deposit.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 20 million from the victim to the account in the name of the Defendant D Co., Ltd. on January 27, 2014; (c) KRW 10 million on March 25, 2014; and (d) KRW 30 million on June 30, 2014 to transfer KRW 60 million to the Defendant D Co., Ltd.

2. Whether the Defendant continued to hold a public auction on September 2, 2014, at the J in the vicinity of Gangseo-gu Seoul Metropolitan Government I Station, the G hotel that had been seeking to grant the right to sell in lots to B is responsible for the said damage.

“The victim shall be the victim who shall hear the word “.............

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