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(영문) 인천지방법원 2016.09.02 2016고단3765
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

1. On April 26, 2007, the fraud Defendant stated the name of the victim E as the head of F Licensed Real Estate Agent at the Dsung office located in Gangnam-gu Seoul Metropolitan Government, and falsely concluded that “B was an expert in the special sale of the national housing unit of the SH Corporation, working at the F Licensed Real Estate Agent. It was delegated by the owner H of the house located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to sell the above real estate, because it is the area subject to redevelopment, and its office is its site, so if the said real estate is purchased, it would receive the right to sell the apartment unit and the compensation for the purchase thereof.”

However, in fact, the Defendant was not an employee of F Licensed Real Estate Agents, and since the above real estate was not an area subject to redevelopment, the Defendant could not receive the right to sell and the compensation for the expropriation of the redevelopment apartment even if the victim purchases it, and the amount necessary for the purchase of the above real estate out of KRW 185 million received from the victim was limited to approximately KRW 50 million, and the Defendant thought to be used for personal purposes, such as the purchase of real estate under the name of the Defendant, and therefore, there was no intention or ability to allow the Defendant to receive the right to sell and the compensation for the expropriation of the apartment, as promised by the victim.

Accordingly, the defendant deceivings the victim as above, and receives 20 million won from the victim as the first bank account (Account Number: I) in the name of the defendant on April 26, 2007, 50 million won from the same account as the intermediate payment around May 7, 2007, and around June 20, 2007, the defendant received 70 million won from the victim as the same account from the victim, and around October 19, 2007, the defendant received 45 million won from the victim to the same account as the redevelopment plan on April 4, 2007, respectively.

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