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(영문) 창원지방법원 통영지원 2019.08.13 2018고단95

사기

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of four million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A around March 22, 2016, the Defendant concluded a contract with the victim E, F, and G to purchase the orchard of KRW 3326 square meters in the victim E, G at the “D office located in the macro-si.” (hereinafter “D”), and concluded a false contract with the victims to purchase KRW 380,000,000,000,000.

In fact, even if the defendant did not apply for construction permission at the time, even if he did not apply for construction permission, he thought that he would use the above land for personal purposes not related to the electric house construction work, and there was no intention or ability to transfer ownership after completion of construction within the agreed period.

The Defendant, by deceiving the victims as above, was allowed to borrow KRW 100,000 from the victims as collateral, KRW 100,000,000,000 from the victims, and was delivered to the JJ account in the name of the Defendant (K) around April 11, 2016.

Defendant

B The defendant is a person who has run a brokerage business independently without a licensed real estate agent qualification in D.

Any person who intends to run a brokerage business shall register the establishment of a brokerage office with the administrative agency having jurisdiction over an area where he/she intends to establish a brokerage office.

Nevertheless, around March 22, 2016, the Defendant: (a) sold 30 million square meters in excess of KRW 380,000 in excess of KRW 326 square meters in the office of “D” located in “D”; and (b) sold KRW 20 million in excess of KRW 380,000 in excess of KRW 10,000,000 to “D Company B” at the time of the production of paragraph (1); and (c) received KRW 10,000 from “D Company B” under the pretext of brokerage commission.

Accordingly, the Defendant carried on the brokerage business without registering the establishment of a brokerage office in the competent administrative agency.

Summary of Evidence

Defendant A

1. The defendant's partial statement in court; 1.