beta
(영문) 인천지방법원 2019.03.22 2018고단9497

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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

On April 2015, the Defendant: (a) received a proposal from a person in unsound name who introduced himself/herself as “B” to sell “A” and “A” land (hereinafter “instant land”) from E to A; and (b) delegated the right to sell land to B by converting the name of width from E to as if he/she were the landowner; and (c) subsequently, received a proposal from the purchaser of the land to “B by dividing KRW 20 million out of the total amount of money received from the purchaser after selling the land.” (d) subsequently, on April 21, 2015, the Defendant’s name was changed from E to A.

On April 9, 2015, the name poorist entered the “G Licensed Real Estate Agent Office” located in Young-gu Seoul Metropolitan City F at the end of the Dongyang-gu, Seoyang-gu, and called “The purchaser is expected to sell the instant land, and the purchaser is known.” On July 9, 2015, the Defendant entered into a sales contract with the land of this case with H, stating that “The Defendant was delegated the right to sell the instant land to B (the name poorist) as the owner of the instant land,” and that “The right to sell the land was changed.” The name poorist, who received the power of attorney, moved with H to the said Licensed Real Estate Agent Office and moved to the said Licensed Real Estate Agent Office under the intermediation of H, while doing so as to have the right to sell the instant land properly delegated by the landowner A, the Defendant entered into a sales contract with the purchase price of this case as KRW 1,00,000,000,000.

However, in fact, the Defendant was not the owner of the instant land, and thus did not have the intent or ability to transfer the ownership of the land even if the sales contract was concluded.

The Defendant, in collusion with the person who was named in the name of the victim, by deceiving the victim as such, received 200 million won from the victim as the down payment on July 9, 2015, from the K bank account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. H. H.