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(영문) 대전지방법원 2016.10.05 2016고단2495
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has resided in C at the time of public housing and is selected as a person to be supplied with migrants under the Act on the Acquisition of Land, etc. for Public Works

1. On February 18, 2008, the Defendant entered into a sales contract for the right to purchase the housing site for migrants provided to the immigration residents residing in the Dong-si located in the Chungcheongnam-gun, Chungcheongnam-gun, which was located in the “E” office located in the “E” office located in the Chungcheongnam-gun, Chungcheongnam-gun, and the land for construction in the Seoul City.

On the date of the contract, the Defendant and the victim agreed to receive 12,000,000 won of the down payment, and 40,000,000 won of the remainder on March 28, 2008, and the real estate subject to parcelling-out by LH Corporation became final and conclusive by the LH Corporation, so it is possible to resell the parcelling-out right.

The Defendant received down payment of KRW 12,00,000 from the victim immediately pursuant to the agreement, and received the remainder of KRW 40,000,000 on March 28, 2008, and accordingly, there was a duty to implement the resale procedure for the right to sell lots.

However, on December 23, 2009, the Defendant, in violation of the above duties, sold the above sales right to I in KRW 15,980,000 at the second floor H office G of the 2nd floor in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and on the same day, at the LH office, the Defendant completed the procedure for the change of the name of the person subject to supply of the housing site to I and the change of the name of the association

Accordingly, the defendant acquired property benefits equivalent to 52,000,000 won in the market price of the right to sell the housing site of migrants and suffered damages equivalent to the same amount as the victim.

2. Around August 2, 2010, the fraud Defendant stated that “K office located in theJ of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, has the right to sell the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership

However, in fact, the defendant had no capacity and intention to transfer the ownership of the housing site of the migrants to I as described in Paragraph 1, even if he has already transferred the ownership to I and has received the purchase price from the victim.

The defendant.

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