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(영문) 수원지방법원 2015.06.10 2014고단4074

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is a person who has operated a real estate brokerage office under the trade name of the head of Tong-gu, Suwon-si, the head of Dong-gu, and the defendant B is a person who has worked as the head of Dong-gu.

On August 20, 2007, the Defendants conspired with the said state EE office, stating that “A with respect to approximately KRW 2,610 (8,628 square meters) of forest land in H-owned land and KRW 100,000 per square meter, approximately KRW 2,610 (8,628 square meters) located in H-owned land owned by the victim F, the Defendants shall make a registration of 1/2 equity with J, the wife of A, respectively. If they intend to purchase, they will pay KRW 130,50,000,000,000,000 won, and KRW 13,50,000,000,000,000 won, and the brokerage commission and registration

However, the above real estate was sold to H in total amount of KRW 55,00,000 per square year, KRW 1443,550,00 per square year, but the real estate was sold to H, and the amount of share equivalent to KRW 1,20,00 per square year was false as if the amount of share equivalent to KRW 1,30,50,000 per square year.

As above, the Defendants, by deceiving the victim through G, acquired the total of KRW 13865 million, including KRW 8.15 million around August 20, 2007, KRW 50 million around the same month, KRW 50 million around the 25th of the same month, KRW 305 million around the 26th of the same month, and KRW 30.5 million around the 26th of the same month.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to a sales contract (No. 4), a certified copy of the register, and a statement of financial transactions (Evidence No. 6);

1. Relevant Articles of the Criminal Act and the Defendants who choose a punishment for the crime: Articles 347 (1) and 30 of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as the following circumstances favorable to the reasons for sentencing);

1. Defendant B of the community service order: The reason for conviction under Article 62-2 of the Criminal Act is that the crime of fraud is established by deceiving another person and acquiring property or pecuniary gain by taking advantage of the defective intent resulting from the deception, and the deception as a requirement for fraud is that it is required to comply with each other in the transaction of property widely.