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(영문) 서울북부지방법원 2016.09.21 2016고단3194
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant did not have any reason to purchase and sell the instant real estate, except where it is inevitable to sell the instant real estate to the public as the State property owned by the Republic of Korea in principle and increase the national revenue. In particular, the Korea Asset Management Corporation in charge of managing the instant real estate leased the instant real estate to a third party until 2018. As such, it was impossible to purchase and sell the instant real estate in any form, and the instant real estate price was equivalent to KRW 3.5 billion, including the fee that the Defendant would receive, but not be able to purchase and purchase KRW 2.5 billion, including the fee that the Defendant would receive, if there was no intention or ability to conclude a sales contract for the instant real estate at the price of KRW 2.5 billion.0 million, the Defendant would purchase the instant real estate at the price of the instant real estate to the representative G in charge of managing the instant real estate.

‘A false statement to the effect that the real estate of this case from the above G was issued a letter of promise to trade the meaning that there was an intention to purchase if it can be purchased at KRW 2.5 billion, which includes a price of KRW 50 million, which includes the Defendant’s share fee.

In light of the above, Defendant: (a) was unable to implement a contract by the said method; (b) was aware of the receipt of an unqualified letter of undertaking to sell and purchase money from the victim H that he came to know at the church around April 2015; (c) displayed the said victim’s letter of undertaking to sell and purchase the instant real estate in a restaurant at around 12:00 on May 8, 2015; and (d) decided to acquire the instant real estate from K and sell the said real estate to F; (b) said, if Defendant borrowed KRW 150 million of the insufficient down payment from May 31, 2015, KRW 50 million will be added to the proceeds of KRW 25 million.

“Falsely speaking,” and its affiliation is 150 million won with the bank account (L) in the name of K on the same day from the injured party.

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