(영문) 서울중앙지방법원 2012.11.07 2012고단3106

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(영문) 서울중앙지방법원 2012.11.07 2012고단3106

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of Jongno-gu Seoul Metropolitan Government 2012 Godan3106 is a person who has been engaged in the sales of the officetel at the request of D Co., Ltd., the executive company of Jongno-gu Ctel.

1. On August 8, 2001, the criminal defendant against the victim E stated that "the victim E (the 44 years of age) will return 10 copies of the subscription certificate of Ctel sold in the previous 50 million won to the head office on the face of the head office, return them to the head office on the face of the head office, and additionally receive the dividends of KRW 3 million per head office until August 30, 2001, and pay KRW 80 million until August 30, 2001."

However, the defendant did not have any intention or ability to refund the price for the subscription certificate even if he receives the subscription certificate issued in D Co., Ltd. from the victim.

As above, the Defendant, by deceiving the victim, was issued ten copies of the subscription document equivalent to KRW 50 million at the market price from the victim.

2. Fraud against victim F;

A. In October 2001, the Defendant stated that “The victim F (n, 35 years of age) would sell the Ctel’s subscription certificate sold at KRW 8 million to another person on the face of the week,” and that “The sales proceeds will be paid after selling it to another person on the face of the week.”

However, even if the defendant received the subscription certificate from the victim, he did not have the intention or ability to pay the price to the victim after he reselled it to another person.

As above, the Defendant, by deceiving the victim as above, received from the victim a letter of subscription equivalent to KRW 8 million at the market price, namely, from the victim.

B. On November 2, 2001, the Defendant stated that “I would want to sell the royalty stories to the victim in the Jongno-gu Seoul Metropolitan Government Office for Sale of Officetels, the Defendant shall pay the down payment and the premium to the victim.”

However, even if the defendant receives money from the victim as a down payment and premium, he did not have an intention or ability to sell an officetel to the victim.

The defendant deceivings the victim as above and is deceiving him.

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