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(영문) 광주지방법원 2016.12.08 2016고단1438
사기
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is a licensed real estate agent who has registered the establishment of a brokerage office under the trade name of the E real estate in Seo-gu, Gwangju, and Defendant B is reported as an assistant to the above E real estate.

The Defendants shared and operated the operating expenses of the above E-real estate office, and agreed to divide brokerage fees according to the ratio of contribution, such as brokerage performance, against customers who found the above E-real estate.

On April 2013, the Defendants conspired with the victim F, who was found to be a customer in the above E’s real estate, concluded that “In the event that only 10% of the sales price of officetels or commercial buildings is borne by the down payment, the Defendants will resell the said sales price before the date of the intermediate payment or the balance payment, to leave profit margin.”

However, even if the victim bears the down payment of the officetel and commercial sales price, the Defendants did not have the intent or ability to leave profit margin until the intermediate payment or the balance payment.

The Defendants deceptiond the victim as above, and let the victim do so. ① around May 6, 2013, the Defendants enter into a contract for the resale of the Itel 205 and 206 (each down payment of KRW 6,402,500) and 903 (each down payment of KRW 6,500,000) owned by H in Gwangju-dong-gu and the J, and paid the sum of KRW 25,805,000 to H and J as the down payment to the Agricultural Cooperative under the name of the Defendant, respectively. ② around 13, 2013, KRW 104 (contract deposit of KRW 59,470,00) and KRW 103-10, 103-4, 109, 305, 109, 305, 104, 109, 301, 105, 3014, 105, 109, 3014, 194.

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