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(영문) 수원지방법원 성남지원 2016.07.13 2015고단1875

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As a real estate intermediary, the Defendant: (a) as a real estate broker, purchased the above loan from D on the condition that E takes over the loan obligations for the above loan; (b) as it did not take over the loan obligations; (c) obtained the loan of KRW 26 million to D; and (d) concluded a lease contract with KRW 50 million,000,000,000,000,000,0000,000,000,0000,000,0000 won.

Afterwards, upon obtaining the consent of D and E, a pipe D, and payment of KRW 50 million to E by December 30, 2013, E was entrusted with the sale of the above lending on the condition that E would withdraw from the lending.

The Defendant, on September 30, 2013, in G real estate located in Sungnam-gu, Sungnam-gu, Sungnam-gu, and on the Internet real estate site, the Defendant: “The Defendant may seek a house from the victim H, who found his house having almost no money; the purchase price shall be KRW 100,000,000,000 and paid the remainder of three million, may move into the said loan by December 30, 2013.

“A false representation was made.”

However, as seen above, E is to be removed from Korea on the condition of receiving KRW 50 million, and since the Defendant did not have the ability to prepare for payment of KRW 50 million separate from the above loan purchase money, E was to withdraw from Korea until December 30, 2013 and did not have the intent or ability to move into Korea.

Nevertheless, the Defendant, by deceiving the victim as such, had the victim succeed to the loan obligation of the above lending KRW 97 million, and obtained the delivery of KRW 3 million as the purchase price.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness H and I's respective legal statements in the second public trial protocol;

1. The witness E and the J in the third trial records.