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(영문) 대구지방법원 포항지원 2020.03.26 2019고단1289

사기등

Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

1. Around September 13, 2017, the Defendant: (a) at the Nam-gu Office B and C Licensed Real Estate Agents’ office at port-si, Nam-gu; (b) on September 13, 2017, the Defendant entered into a false statement with the victim D to the effect that “The South-gu Office of Pohang-gu, South-gu, and C Licensed Real Estate Agents: (c) there has been a house located in Pohang-gu E; (d) as the money is urgent; and (e) as such, the money should be promptly given to the Plaintiff, and the money will be remitted to the Plaintiff who transferred the house

However, in fact, the Defendant had not been delegated with the authority to sell the said E-Housing by F, the owner of the said E-Housing, and F had already concluded a sales contract with G on September 5, 2017, and the Defendant thought that he would use the down payment received from the victim as his daily living expenses, entertainment expenses, etc., so the Defendant did not have the intent or ability to enable the victim to purchase the said housing.

The Defendant, by deceiving the victim as above, received KRW 30 million from the account of community credit cooperatives (H) in the name of the Defendant around 16:31 on the same day from the victim.

2. The Defendant, as described in paragraph (1), by deceiving D as described in paragraph (1), received the down payment of KRW 30 million, and presented it to D by forging a real estate sales contract in the name of F and suggesting it to D, thereby bringing about D as if the sales contract was concluded between F and D.

Around September 15, 2017, at the same place as in paragraph (1) around September 15, 2017, the Defendant: (a) at the location of real estate in the real estate sales contract form, the Defendant entered the name of “YYYE”, “YYYE” in the sale price column; (b) “YYYYYE” in the column for the down payment; and (c) on November 30, 2017 in the balance column, the purchaser (D) does not claim a penalty other than the down payment when the contract is terminated due to a problem of negative profit (e.g., penalty) in the column for the special agreement. The buyer (F) entered the seller “I and F” in the seller column, and then read it in advance to the name of F.