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(영문) 서울중앙지방법원 2018.02.22 2016고단4679
사기
Text

Defendant

A shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed of an application for compensation.

Defendant

A.

Reasons

Punishment of the crime

(2017 Highest 6068, Defendant A) in collusion with H on February 13, 2017, the Defendant is expected to purchase 30 households unsold in lots among the G apartment in Yongsan-gu Seoul, Yongsan-gu, Seoul, which is managed by the Asian Trust Company.

Purchase funds have been extended to 30 billion won by the former share price of a company H with H, and first of all, they can borrow money to pay interest.

If 300 million won is invested, the above J apartment No. 103, 1305 will promptly be ordered in return for the investment.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant and H did not know that the company in charge of the management, sale, etc. of the above main apartment in trust with the Asian Trust Co., Ltd., and the Defendant and H did not enter into a contract with the Asian Trust Co., Ltd. to purchase the unsold 30 households among the above main apartments. Therefore, even if they received money from the injured party, they did not have the intent or ability to transfer the ownership of the above main apartment 103 1305 dong 1305 to the victim.

The Defendant and H received, as such, a remittance of KRW 100 million on the same day from the victim to the national bank account under the name of the Defendant under the name of the victim, KRW 150 million on the 27th of the same month, and KRW 50 million on the 28th of the same month, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Witness I;

1. A protocol concerning the examination of the accused by the prosecution (including the H substitute part);

1. Statement made to I by the police;

1. A complaint, an investment agreement, a detailed statement of deposit, and a detailed statement of account;

1. Application of Acts and subordinate statutes of public notice;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the facts constituting an offense. Article 347 (Selection of Imprisonment)

1. Article 32(1)2 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (Article 32(1)2 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. (Article 32(1)3)

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