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(영문) 서울중앙지방법원 2015.08.17 2014고단9510
사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated a real estate brokerage office in the name of “E Real Estate” in Seocho-gu Seoul Metropolitan Government D.

1. Around June 7, 2011, the defrauded concluded that “In the above E-real estate office, the Defendant purchased the F land in the Republic of Korea (hereinafter “instant land”) to the victim C, and did not transfer ownership in the name of the land in the Republic of Korea to resell the land. Since it comes out at a price higher than the market price, the Defendant may purchase the land at a low level. It is a real estate intermediary within the Republic of Korea and is operating the real estate office.”

However, the Defendant was unable to sell the instant land to the victim even if he received money from the victim due to the lack of the purchase of the instant land from the owner G.

Nevertheless, around June 7, 201, the Defendant, by deceiving the victim as above, was delivered KRW 10 million in total as the intermediate payment at the above E-real estate office around June 7, 201, and around July 7, 201, at the same place as the intermediate payment and received KRW 20 million in total.

2. The Defendant: (a) received a request from the said C to verify the purchase of the instant land; and (b) received a request from the said C to prepare a real estate sales contract in the name of G, the owner of the instant land.

사문서위조 피고인은 2011. 6. 초순경 위 E부동산 사무실에서 성명불상자를 시켜 부동산매매계약서 용지에 검은색 필기구를 이용하여 소재지 란에 ‘충북 보은군 F, H, I’, 면적란에 ‘75평’, 대지란에 ‘915.6평’, 매매대금란에 ‘壹憶九阡萬, 190,000,000’, 계약금란에 ‘貳阡萬’, 잔금란에 ‘壹憶七阡萬을 2011. 7. 7. 지불’, 단서 조항란에'1. 명의 이전 서류는 매수인이 지정하는 사람에게 발급키로 한다.

2 When a purchaser wishes to borrow a loan to a financial institution, the seller shall actively cooperate.

“.......”

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