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(영문) 청주지방법원 2013.11.21 2012고단833

사기

Text

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

Reasons

Punishment of the crime

[Criminal Justice] On July 2, 2010, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Cheongju District Court on July 2, 201, and the said judgment became final and conclusive on July 10, 201. On September 2, 201, the Cheongju District Court was sentenced to one year and two months of imprisonment for a crime of fraud, and the said judgment became final and conclusive on January 6, 2012.

【Criminal Facts】

On August 13, 2003, the Defendant purchased the right to sell the C Apartment 101, 804, and 808 of the same Dong in Yangju-si of Gyeonggi-do in KRW 99,80,000 per bond, respectively, and purchased the intermediate payment of KRW 58,000,000 to the first bank borne by the buyer, and paid the down payment paid by the buyer, KRW 804, and KRW 808 in the name of the Defendant, respectively.

The Defendant paid up the remainder after the purchase of each purchase of the purchase right, but due to the default of the construction project between the bond group of the construction project and the occupants, 804 in the state of non-registration, and 808 in the state of 45,000,000 the rental deposit was set at 808.

The above apartment 804, a secured obligation of KRW 54,590,842 and interest for arrears of KRW 13,021,576, and the above apartment 808, a secured obligation of KRW 58,000,000 and interest for arrears of KRW 34,441,767, which were borrowed as an intermediate payment, was in existence. However, the above apartment 2 bonds cannot be confirmed due to the non-registration of the intermediate payment, by taking advantage of the fact that the above apartment 54,590,842 and interest for arrears of KRW 13,00,000 were acquired as an intermediate payment, the apartment 808 was attempted to acquire the difference other than each rental deposit by deceiving each apartment

1. On April 2008, the Defendant committed fraud against C Apartment 101, 808, at the “F real estate brokerage office” office located in Yangju-si, Gyeonggi-do, without entirely speaking about the above intermediate payment loan and interest on delay, and displayed the balance payment, the occupancy certificate, etc. to the victim H (50 years of age) through G via the real estate broker G, and displayed the purchase price of the above apartment 808.