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(영문) 서울북부지방법원 2020.09.25 2018고단4930

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to six months of imprisonment for fraud at the Seoul Northern District Court on May 19, 201, and the above judgment was finalized on April 18, 2012. On October 16, 2014, the Seoul Northern District Court sentenced three years of suspended execution to two years of imprisonment for fraud at the Seoul Northern District Court on October 24, 2014, and the above judgment became final and conclusive on October 24, 2014. On May 11, 2016, the Seoul Northern District Court sentenced two years of suspended execution to eight months of imprisonment for fraud, and became final and conclusive on December 3, 2016.

[2018 Highest 4930]

1. The Defendant committed fraud around 2008 is a person who operates a real estate brokerage office under the trade name of “B Licensed Real Estate Agent”.

On November 26, 2008, the Defendant purchased old-age housing in the Seoul Dongdaemun-gu Ddong, Dongdaemun-gu, Seoul, to eliminate the insufficient play park, and removed the purchased housing and made a play park at this place. On November 26, 2008, the Defendant provided that “The Defendant would return money within three months if the problem arises.”

However, in fact, the above area is not only a place where the urban planning project has been confirmed but also a special right to purchase housing in the above area has not been confirmed even if the above area was purchased. Furthermore, even if the defendant received money from the victim for the purpose of purchasing housing due to no particular property or income, he/she did not have the intent or ability to allow the victim to move into the 33th class apartment as provided in the above agreement, or to return the money received from the victim within 3 months.

As such, the Defendant deceivings the victim, and thereby deceivings the victim from the victim, under G (the name of H around July 2018) for the purpose of purchasing the said house.