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(영문) 서울남부지방법원 2014.07.02 2013고단4633

사기

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On March 20, 2009, the Defendant made a statement to the effect that, at the D real estate office operated by the Defendant in Guro-gu Seoul Metropolitan Government, the victim E would be able to get a high profit if he/she accepts the scambling from the scam in humancheon. The Defendant would pay 40 million won to the scambling owner as the down payment, and would allow the scambling owner to accept it after concluding the scambling contract.

However, in fact, F, a real estate exchange business entity, promoted a contract to acquire part of a commercial building using another person's real estate, and the defendant tried to make an investment in F, so it is unclear whether to actually take over the commercial building.

Therefore, even if the defendant received money from the victim, he could not conclude the sales contract by providing the down payment to the owner of the scambling, so there was no intention or ability to have the victim accept the scambling properly.

On the same day, the defendant received 40 million won from the victim as the price for taking over the scambling, and acquired it by fraud.

2. The written indictment for the purchase of the unit apartment is stated as the "sale right", but it appears that the "sale right" is a clerical error in the "sale right."

On February 2010, the Defendant, who acquired land in the name of acquisition, attempted to acquire the land in KRW 200 million from the victim's office of the above real estate with the market price of "the purchase right of orchard G apartment (hereinafter referred to as "the purchase right of this case") is equivalent to 3.6 billion won."

In order to register the transfer of ownership with respect to H land in the amount of KRW 50 million in the city (hereinafter “instant H land”), the ownership of the instant H land is transferred by combining the right to the land of KRW 100,000 won in Gangwon-do (hereinafter “instant land”) and the ownership of the instant land is acquired on the face of the week.