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(영문) 광주지방법원 순천지원 2016.05.12 2015고단2576
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 11, 2011, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive by dismissal of the appeal on February 13, 2012. On October 11, 2013, the Seoul Central District Court sentenced three years and six months of imprisonment for fraud, etc. on April 24, 2014, and the said judgment became final and conclusive by dismissal of the appeal on April 24, 2014. On July 22, 2015, the Defendant was sentenced to two years of suspension of execution on October 29, 2015 from the Gwangju District Court’s Netcheon Branch Branch, which was sentenced to two years of suspension of execution.

The defendant is a person who actually operated C (hereinafter referred to as "C") in Songpa-gu Seoul Metropolitan Government.

The Defendant, at the above C office around September 29, 2009, sold to the victim D, a three window rental apartment located at the 176-dong, Dong-dong, Gyeonggi-do, to the general public, and 700 of them can be sold out.

The sale price of KRW 160,000 is 250,000,000 for the original household, and the sale price is 20,000,000 won, so it will be sold to the third party to look at the profit through profit.

Even if the apartment is not sold, our company will purchase real estate of KRW 210,000 from the company and pay the difference.

“.........”

However, at the time, the defendant had purchased the above apartment house normally and did not acquire ownership, and did not have the right to sell 700 bonds, so there was no intention or ability to sell the above apartment to the victim with the right to sell the apartment house finally and to generate profits by resale.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) drafted a sales contract around October 30, 2009 with a national bank account under C’s name on October 26, 2009; and (c) received a total of KRW 150 million from each transfer to each of the above accounts for the remainder of KRW 160 million, when preparing the sales contract around October 30, 2009.

Summary of Evidence

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