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(영문) 춘천지방법원 2014.01.09 2013고단963

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

“D Licensed Real Estate Agent Office” in Gangwon-gu from around 2007, and “F Licensed Real Estate Agent Office” in E, and “H office in G,” respectively, are those who worked as real estate brokerage assistant in real estate brokerage from around 2007.

1. Around July 2009, the Defendant entered into a contract with the victim I to purchase 400 square meters prior to the Hongcheon-gun J of Hongcheon-gun, Hongcheon-gun, for purchase in its own name. Since the balance of the above land is insufficient, the Defendant attempted to defraud money by deceiving the victim due to the shortage of the balance.

On September 24, 2009, the Defendant stated that “Around the end of May 2009, the Defendant, as the introduction of the Defendant, divided talks about the Nancheon-gun Nancheon-gun’s land that the victim entered into a contract to purchase at around August 24, 2009 with the introduction of the Defendant, “On the ground attached to the above land, an access road is necessary, and the part payment is to be surveyed to open an access road at the site.”

However, the defendant thought that the part payments were received from the victim to be used for other purposes. Since access roads were not required for the land purchased by the victim, even if the victim received part payments from the victim, there was no intention to use it as the survey cost for the opening of access roads.

On September 30, 2009, the Defendant, by deceiving the victim as above, received a total of KRW 12 million from the victim, such as one cashier’s checks of KRW 10 million and two cashier’s checks of KRW 10 million at the same place.

2. Embezzlement and fraud of victims'O;

A. A. Around January 2012, the Defendant was requested by the victim in the office of “H” licensed real estate agent located in Gangwon G where the Defendant was working as an assistant to the Defendant, for all business of the studio lease of the Gangwon Building owned by the victim.

On January 2012, the Defendant, at the office of the said licensed real estate agent, leased the above studio 306,000 won to Q from the office of the said licensed real estate agent to KRW 3 million, and KRW 250,000 in cash from Q for a provisional contract deposit.