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(영문) 의정부지방법원 고양지원 2015.04.24 2014고단1362

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 operates the office of licensed real estate agents under the trade name of "D real estate" in Seocho-gu Incheon Metropolitan City, and from around 2004, the defendant was engaged in purchasing land, such as receiving a letter of intent to sell the apartment site E-gu, Gyeyang-gu, Gyeyang-gu.

The Defendant, around March 17, 2004, could get a lot of profits to the Victim F when he subsequently accommodated in the G Building No. 1 and 401, Jung-gu, Incheon, Jung-gu, with a view to appropriating the above business expenses. The Defendant acquired the above loan by bearing half of the purchase price. However, the Defendant, only under his name, is under the name of the same household H, who is a non-resident.

“Along on May 9, 2008, the Defendant, by deceiving 35 million won, consumed the said money for the use of the project cost without using it as the acquisition cost, and the said H acquired the ownership of the said loan, and subsequently received and consumed the total amount of KRW 87,43,323 from the Land Development Corporation. The Defendant, who received demand from the victim to pay the compensation for the said loan from the victim at the above office, may receive the victim’s payment of the service cost of KRW 00 million upon completion of the work to purchase the land in the apartment site in Gyeyang-gu Incheon Metropolitan City E-gu.

The office operating expenses of KRW 10 million will be paid up to September 15, 2008 by paying up the total amount of KRW 46 million and interest thereon to the G building 1, 401, which has been consumed at will by the domestic government on the loan of KRW 10 million.

The phrase “the phrase was false.”

However, the fact begins to purchase new construction industry corporation, a competitor, the real estate subject to purchase, such as receiving a letter of intent to sell, etc. from the middleman of 2007. However, the defendant could not complete the purchase of land temporarily since March 2008 on the wind that the non-Mel corporation, which entered into a service contract such as purchase of the above land with the defendant, temporarily suspended the business from March 2008. In addition, the business of the real estate agent operated by the defendant, the office operating expenses of the real estate agent.