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(영문) 부산지방법원 2016.03.11 2015고단8105

사기

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On July 10, 2014, the Defendant was sentenced to imprisonment with prison labor of 10 months and fine of 3 million won at the Busan District Court on September 25, 2014 and the judgment became final and conclusive on September 25, 2014.

On November 26, 2015, the Defendant was sentenced to three months of imprisonment for embezzlement, etc. in the above court, and the judgment became final and conclusive on December 15, 2015.

On December 10, 2015, the Defendant was sentenced to a total of two years and eight months of imprisonment due to fraud, etc. in the above court, and the judgment became final and conclusive on the 18th of the same month.

1. On January 9, 2013, the Defendant told the victim D of an apartment real estate brokerage office operated by the Defendant located in Busan-gu Busan-gu, that “Around January 9, 2013, the Defendant was delegated an apartment sales contract brokerage from F to the owner of the E apartment, and would allow the purchase of the apartment at KRW 93.5 million to purchase the apartment.”

However, in fact, the Defendant did not have been delegated the authority to conclude the apartment sales contract from the above F, so even if he received the payment from the injured party, he did not have the intention or ability to transfer the ownership normally.

The defendant deceivings the victim as above and acquired 12 million won as the down payment from the victim, i.e., he received 12 million won as the down payment from the victim.

2. On March 3, 2013, the Defendant stated that “Around March 3, 2013, the Defendant would allow the victim D to purchase the E apartment 122 units owned by G to purchase the purchase price of KRW 65 million because the E apartment 406 units do not run.”

However, in fact, the Defendant did not have been delegated the authority to conclude the apartment sales contract even from the above G, so even if he received the payment from the injured party, he did not have the intention or ability to transfer the ownership normally.

The Defendant, as seen above, received KRW 40 million from the injured party by deceiving the injured party, as the pretext of down payment and intermediate payment on March 2013, and received KRW 10 million on or around May 8, 2013 and received KRW 10 million on the pretext of remainder payment.