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(영문) 서울중앙지방법원 2017.05.18 2016고단8477
사기등
Text

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

Reasons

Punishment of the crime

1. The relationship of rights, such as the provisional attachment and provisional disposition, is complicated, while the defendant did not have sufficient funds to cancel the provisional attachment and provisional disposition, even if he received the purchase price from the victim T, he did not have the intent or ability to purchase the above apartment and transfer ownership.

Nevertheless, on May 2009, the defendant is a plan to purchase the 19 households of Seocho-gu Seoul Seocho-gu Seoul apartment by the victim at the V office located in Seocho-gu Seoul Metropolitan Government U.

When the purchase price is paid, the S apartment bonds to be purchased in V will be purchased and sold at the lower price than the actual purchase price.

“A false statement” was made from the injured party on May 29, 2009, to receive KRW 40 million on or around February 5, 2010, KRW 20 million on or around February 5, 2010, KRW 5 million on or around March 26, 2010, and KRW 10 million on or around November 5, 2010 from the injured party to a deposit account in V’s name.

2. On May 2015, the Defendant received from the said court a deposit of KRW 13,325,300 for the tender of W land at the time of official week that the injured party paid to the said court, upon delegation from the injured party T in the Daejeon District Court of Gong-dong, Geumdong-dong, Geumju-dong.

While the Defendant kept 13,325,300 won of the bid deposit returned as above for the victim, the Defendant embezzled the money by arbitrarily remitting it to X, the mother of the Defendant, at around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. T legal statement of the witness;

1. Each protocol concerning the examination of the suspect against the accused by the prosecution (including the part concerningT statement);

1. A protocol concerning the examination of the suspect of the defendant (includingT and Y statements);

1. Each police statement about T;

1. A corporate registry certified copy, S apartment sales contract, copy of passbook, text message, bidding slip, receipt, text message photograph, real estate registry copy, text message, and V account transaction details.

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