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(영문) 광주지방법원 2017.12.14 2017고단4574
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A penalty of nine million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On December 5, 2013, the Defendant was sentenced to two months of imprisonment with prison labor for a crime of violating the law of defense in the Suwon method and operated a D Co., Ltd. (hereinafter referred to as “D”) as a person who completed the execution of the sentence in the Suwon detention center on April 19, 2014.

[2017 Highest 4574]

1. On September 12, 2016, the Defendant was not an attorney-at-law but involved in all auction processes, such as calculating the right analysis and the expected price for the bid on behalf of the F with respect to the case of voluntary auction of real estate at the D office located in Gwangju Dong-gu, Gwangju District Court on October 6, 2016, after receiving five million won from F under the pretext of consulting fees for real estate auction.

Accordingly, the defendant, not a lawyer, received money and handled non-legal affairs.

2. In the fact at the D office on September 12, 2016, the defrauded: (a) the Defendant thought that he/she would use it for the purpose of operating the office expenses even if he/she received the successful bid price for real estate from the victim F; and (b) did not have any other property to the extent that he/she would receive the successful bid for real estate property; (c) however, the Defendant made a false statement to the effect that “If he/she is awarded the successful bid for the I multi-family house in Gwangju North-gu as an auction, he/she would receive the successful bid for the real estate; (d) if he/she paid the money, he/she would have to receive the successful bid for the I multi-family house in the auction and complete the registration for the transfer of ownership, he/she shall receive KRW 500,000 from the damaged person to the Saemaul Treasury account in the name of the Defendant; and (e) shall receive KRW 150,535,000 as the deposit money for the tender on the 27th

[2017 Highest 4799] The defendant is not an attorney-at-law, but the defendant found the real estate at the D office around February 2, 2017 as an introduction of the human seal, such as data, rights analysis, etc.

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