beta
(영문) 부산지방법원 동부지원 2015.11.19 2015고단1054

사기

Text

A defendant shall be punished by imprisonment for 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 was the head of the business division of the real estate consulting company, Q.

Around February 2014, the victim R entered into a real estate sales contract with the value of KRW 1.65 million to purchase the real estate (hereinafter “instant real estate”) of KRW 4,00,000,000 in Ulsan-gun, Ulsan-gun, T, U, and V, and paid KRW 80,000,000 to the seller as the down payment, and the remainder was introduced through W, which was known to the seller of the instant real estate as the down payment.

On February 8, 2014, the Defendant issued an on-site answer to the instant real estate with the victim, and then, around April 8, 2014, drafted a service contract with the victim and the victim by making a false statement that “The Defendant would return money excluding the cost of the withdrawal equipment, etc. if the loan is not implemented as agreed, the remainder shall be refunded, excluding the cost of the withdrawal equipment.”

However, the Defendant requested a X appraisal corporation, Y appraisal corporation, and Z appraisal corporation to appraise the above real estate (i.e., calculating the appraised value on the basis of the existing transaction cases and the basic data, such as the officially announced land price) before preparing a service contract with the victim. A X appraisal corporation or Y appraisal corporation has responded that the appraised value is equivalent to KRW 1.55,00 (3m2 per 3m2) and the victim would purchase the instant real estate at KRW 1.65,00,000,000. As such, the Defendant was well aware that the Defendant could not obtain a loan exceeding 1.6 billion won as security, and the victim was the victim.