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(영문) 대구지방법원 2017.01.12 2016고단2252

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On February 15, 2013, Defendant A, at the office of “G real estate” located in Daegu-gu, Daegu-gu, Daegu-gu, the Defendant entered into a sales contract with the victim I, who purchased the Plaintiff’s land and building (hereinafter “instant real estate”) and the purchase price of KRW 1.7,50,000,00,000, in which the purchase price is KRW 1.755,000,00,000, the Defendant stated the owner of the instant real estate in the title column of the right holder of the statement confirming the object of brokerage as the Defendant, and the special terms and conditions stipulate that the Defendant had the right to dispose of the instant real estate by presenting to the victim the real estate sales contract, stating the content that the Plaintiff would make all tenants of the building at the end of the period of payment of the remainder.

However, the Defendant was not the owner of the instant real estate at the time of the conclusion of the said contract, and the J, the owner of the instant real estate, entered into a sales contract with the Defendant around December 12, 2012 at KRW 1,720,000,000,000, including the instant real estate, with the purchase price of KRW 60,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00.

As such, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10 million from the victim to the bank account in the name of K designated by the Defendant on the same day from the victim; and (c) obtained a copy of the check from the victim around the 18th day of the same month from the Daegu Bank of Daegu with the right of KRW 140,000,000,000,000 from the victim; and (d)

2. Defendant B: (a) on January 201, 2013