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(영문) 인천지방법원 2013.11.28 2013고단3357
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around June 28, 2007, the criminal defendant, around May 2007, through the brokerage of the purchase and sale of land in Chungcheongnam-gun, Chungcheongnam-gu, Incheon, to the victim E at the defendant's office located in Nam-gu, Incheon, the defendant made a false statement that "the purchase cost is KRW 30,000,000."

However, in fact, the purchase cost of the above land was KRW 18,000,000, and the defendant received money from the victim as land price, and the remaining KRW 12,000,000 was thought to be used by the defendant.

Around June 28, 2007, the Defendant, by deceiving the victim as above, received KRW 10,000,000 from the victim as the purchase price for each land, in front of the Defendant’s office located near the Nam-gu Incheon Metropolitan City H, and KRW 20,000,000,000 before the above office around July 10, 2007.

2. Around July 25, 2007, the Defendant, around July 25, 2007, made a false statement to the victim E at the Defendant’s office located in Nam-gu Incheon Metropolitan City, Nam-gu, stating that “The good land in Gangwon-do has been sold to KRW 50,000,000,000 within the inner limit of KRW 20,000.” In addition, the Defendant purchased the land. The name of the registration will be harmed in the future.”

However, since the defendant was unable to operate the real estate brokerage office at the time, even if the victim delivered KRW 20,000,000, the defendant did not have the intention or ability to purchase the above land.

The Defendant received 20,000,000 won from the victim as land purchase price, namely, from the victim.

3. Around October 21, 2008, the Defendant, at around October 21, 2008, made a false statement to the victim E at the Defendant’s office located in Nam-gu Incheon Metropolitan City, Nam-gu D, stating that “The Defendant purchased the singing and left for selling profits.”

However, the defendant had no intention or ability to purchase such sings and to leave the profits by selling them.

The defendant is against the victim.

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