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(영문) 의정부지방법원 고양지원 2016.06.17 2013고단959
사기
Text

The defendant shall be punished by imprisonment with prison labor for one year and six months and by imprisonment with prison labor for the crimes set forth in the holding 4 and 5.

Reasons

Punishment of the crime

[criminal records] On January 7, 2010, the Defendant was sentenced to a suspended sentence of three years for fraud at the Seoul Western District Court on one year and six months, and the above judgment became final and conclusive on December 17, 2010.

[Criminal facts] 【2013 Highest 959】

1. The Defendant against the victim F is a person who has been engaged in sales agency business of G officetels in Yeongdeungpo-gu Seoul Metropolitan Government.

The above Gtel entrusted ownership to the Korea Asset Trust Co., Ltd., and the Korea Asset Trust applied for provisional disposition prohibiting the sale, lease, and occupancy by H and I, a contractor, and issued a provisional disposition by the court. Therefore, even if the Defendant received money in the name of the sale price, the officetel was sold in lots and did not have any intent or ability to register the transfer of ownership.

Nevertheless, on March 28, 2011, the Defendant prepared a sales contract with the victim F, who was found in the above sales office around March 28, 201, to trade the above officetels 70.2 billion won, and received KRW 50 million as the down payment on the same day, and received transfer of KRW 50 million as the intermediate payment around April 2, 201.

After that, the defendant, who decided to sell to the victim on September 6, 201, had already been living by another person under the above 704, and thus, the subject of sale is changed to 606, and 10 million won is deducted from the purchase price of the face-to-face.

On the other hand, the victim and the above 606 won re-preparation the contract for sales in the amount of KRW 190 million and 20 million out of the balance will substitute the monthly rent of KRW 90 million with the monthly rent of KRW 1,70,000 among the remaining 90,000, and received the payment of KRW 170,000 for the purchase price of the above officetel, such as receiving the remainder of KRW 7

[2013 Highest 1849]

2. Fraud against the victim J or K;

A. The Defendant: (a) was engaged in the sales agency business of Gtel as above; (b) was entrusted with the ownership of Gtel in the implementing private person’s (State) H in the Korea Asset Trust; and (c) according to the trust agreement, only Korea Asset Trust is an officetel.

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