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(영문) 의정부지방법원 고양지원 2014.10.24 2013고단2387

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 defendant is a person living in Dong Dong Dong Dong Dong Dong-dong such as the victim C, and the victim was admitted to the Ministry of National Defense at the time of Pakistan, which is the domicile of the victim, and the victim was aware of the fact that he received the right to sell the housing site of migrants, and the victim was approaching to sell the right to sell

On April 2012, the Defendant had been delegated with the authority to sell the right of sale, which is owned by the victim, by stating that the Defendant would sell the right of sale, instead of the right of sale, at the home of the victim located in D at the time of Pakistan.

Around May 14, 2012, the Defendant: (a) concluded a verbal contract with F to sell the above right to sell in lots to F via E, the Defendant was aware that the right to sell in lots would be null and void if he/she did not pay the down payment to the Ministry of National Defense by May 15, 2012; (b) up to now, he/she found a person who purchased the above right to sell in lots; and (c) he/she has to sell the right to sell in lots at an amount of KRW 20 million because there is no person who would buy the above right to sell in lots; and (d) he/she paid 20 million won to the complainant for the purchase of the right to sell in lots, after having received the above right to sell in lots and sold it to F under the pretext of the purchase of the right to sell in lots; and (e) has acquired the benefit of property, excluding KRW 20 million,0000,0000,0000,000 to the victim, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A person, a letter of confirmation, a receipt, and the defendant purchased a right to sell in lots from the victim and sold again to E. The defendant obtained a profit of 20 million won from the victim to E. Since the defendant participated in the resale to E, the defendant does not have a direct nature with the act of disposal of the victim, and the defendant sold to the victim at a higher price.