logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.01.13 2015고단2265
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Western District Court on May 20, 201, and the judgment became final and conclusive on May 28, 201. On June 15, 2011, the judgment was rendered on November 10, 201 after having been sentenced to five-month imprisonment for fraud, etc., and on February 18, 2014, the judgment became final and conclusive on February 26, 2014 after having been sentenced to a suspended sentence of two-year imprisonment for one-year for fraud.

[Criminal Facts]

1. On December 7, 2007, the Defendant had concluded a sales contract with the purchase price of KRW 104 702,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, from the D Authorized Broker Office in Eunpyeong-gu Seoul around December

Around February 18, 2008, the Defendant requested the victim G to guarantee that “F apartment 104 Dong 702 is insufficient to purchase F apartment 104 Dong 702.0 million won. Upon transfer of registration, the Defendant will receive a loan.

“.......”

However, in fact, the defendant closed the door of the real estate office operated by the defendant around December 20, 2007, and the defendant's credit was not good, making it economically difficult for the victim to receive the loan under the defendant's name to the extent that it was not possible to receive the loan. Therefore, the victim did not have the intent or ability to pay the balance of KRW 30 million even if it was guaranteed by the victim.

After all, the Defendant made the victim’s false statement as above, and caused the victim to prepare a letter of guarantee of KRW 50 million to E by the seller, thereby acquiring property benefits equivalent to the above amount, and suffered damages equivalent to the same amount as the victim.

2. Around May 27, 2008, the Defendant was not 20 million won to purchase the apartment at the Plaintiff’s office at the above D Authorized Broker’s office.

The balance will be repaid if it is borrowed from the loan of the shortage.

“.......”

However, the defendant stated above Paragraph 1.

arrow