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(영문) 서울북부지방법원 2020.05.15 2020고단187
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The victim B and C are co-owners of the Gangnam-gu Seoul Metropolitan Government D Housing on September 5, 2017, who sell the housing to the purchaser E on or around September 5, 2017, and the defendant is a person who vicariously sells the housing to the purchaser E.

On October 20, 2017, the Defendant made a false statement to the victims that “If the buyer wishes to purchase a new G house in Gangnam-gu Seoul Metropolitan Government, and the buyer borrowed KRW 50 million to use it as the purchase price, as the purchase price falls short of the purchase price, the Defendant would make payment until November 6, 2017.”

However, in fact, the Defendant thought to use the money received from the victims as personal debt repayment, etc., and did not have any property at the time when he did not intend to pay the said money as the purchase price for G house in Gangnam-gu Seoul Metropolitan Government, and on the other hand, he had a large amount of obligation, such as H’s debt, and thus, the Defendant did not have any intent or ability to repay the money within

As above, the Defendant, by deceiving the victims, received KRW 50 million from the victims to the J organization account (K) in the name of the International Certified Judicial Scriveners who was designated by the Defendant for the same day as the borrowed money.

Accordingly, the defendant was informed of the victims and received property from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding L;

1. Statement to C by the police;

1. Investigation report (Ma of Witnesses);

1. Investigation report (the instant separate house, i.e., the attachment of the real estate register “Seoul Northern-gu G” and the owner confirmation), investigation report (the confirmation of KRW 22 million remitted to N subject to Ma of Witnesses), investigation report (the suspect A, N Transfer 22 million related to telephone communications)

1. Investigation report (Attachment of a suspect I transfer certificate), investigation report ( telephone conversations related to the user's room of KRW 22 million);

1. Application of Acts and subordinate statutes on a real estate sales contract, a statement of remittance, a statement of performance, and a loan certificate;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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