(영문) 서울중앙지방법원 2013.05.10 2012고합1627

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(영문) 서울중앙지방법원 2013.05.10 2012고합1627

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Since around 2006, the Defendant came to know of the victim F of the Victim G in Gangnam-gu, Seoul, the Defendant came to know of the victim’s name to “H” bank, and then introduced the victim’s name to “I,” and subsequently came to know of the fact that the victim was in close relation with the victim, which was the victim’s death to the victim, around January 2009, the Defendant got aware of the fact that the victim succeeded to the property of the victim, which was the victim’s death to the victim’s house and commercial building, and acquired money under the name of money, such as the price, by deceiving the victim to sell the apartment house and commercial building in lots.

1. On February 2, 2009, the Defendant stated that the Defendant “H” bank operated by the Defendant on the early February 2, 2009, the Defendant stated that “We had us work for the Cheongman, and now, the head of the K apartment reconstruction association.” The Defendant purchased K apartment 135 dong 2201 and can see a large amount of profits from selling.”

However, in fact, the defendant did not work in the office, and the president of the K apartment reconstruction association was not the head of the K apartment reconstruction association, and the defendant did not have the intent or ability to sell the K apartment to the victim.

Around February 11, 2009, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the bank account (L) in the name of the said J as the purchase price for apartment units.

2. On March 12, 2009, the Defendant made a false statement at the same place stating that “The above victim may earn the rent income from the commercial buildings after purchasing M 403, 404, and 405, and then make an investment of KRW 400 million out of KRW 800,000,000 from the purchase fund of the commercial buildings.” The Defendant stated the victim’s application for changes in the indictment of KRW 60,000 on the same day as the purchase fund of the commercial buildings as KRW 60,00,000 from the victim, but it appears to be erroneous

For the same year

4. A total of KRW 40 million was transferred to an account in the name of the said J on April 30, 14.30 million.

3. The defendant.

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