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(영문) 부산지방법원 동부지원 2017.10.11 2017고단1059

사기등

Text

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

Reasons

Punishment of the crime

On February 12, 2016, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for attempted fraud, etc. at the Busan District Court, and on August 20, 2016, the said judgment became final and conclusive.

The Defendant is a person working as an assistant for the broker of F real estate located in Busan-gun E., the Defendant: (a) committed a joint purchase with the victim I, J, etc. of approximately 9,626 square meters of land (hereinafter “the instant land”) that was delegated by G, which was delegated by G to sell, with the victim I, J, etc.; (b) however, even though the actual purchase price was KRW 1,300,000,000, the Defendant was the actual purchase price of KRW 1,660,000,000, the Defendant was a person who was an assistant for the brokerage of F real estate located in Busan-gun, Busan-gun; and (c) intended to obtain money equivalent to the difference from the victims

Around August 2015, the Defendant recommended the victims to jointly purchase the said F Real Estate, and, upon soliciting the victims to jointly purchase the said Land, the Defendant jointly purchased the said Land by dividing it into three groups (i.e., group victims, (ii) group K (the Defendant’s in-house) and (iii) group Defendant (and L) with a total of KRW 1,660,000 per square meter (3m2) and KRW 1,60,000 per square meter (3m2). The Defendant agreed to the purport that the purchase price would be KRW 580,00,000 among them, and that the group would pay KRW 580,00,000 among them to the seller, and that the group would pay KRW 580,000,000 in accordance with the remaining size of the purchase price, and that the group would pay KRW 5,00,000 to the seller, respectively.

1. On August 25, 2015, the Defendant drafted three copies of a purchase and sale contract in which the instant land was divided into three groups without authority for the purpose of exercising Chapter A4 site No. 3, in which the form of a real estate sale and purchase contract was entered, with a view to exercising on the said F Real Estate on or around August 25, 2015. ① “A approximately 1,000 square meters” in the column for the location of a group trading contract, “I, J,” and “580,000,000 won” in the buyer’s column, and ② Group 1.