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(영문) 의정부지방법원 2017.08.09 2016고단5584
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 28, 2016, the Defendant was sentenced to imprisonment with prison labor for a period of four months for a violation of the Fair Debt Collection Practices Act at the District Court on April 28, 2016, and the judgment became final and conclusive on July 20, 2016.

The Defendant, as a real estate broker, was requested by C, the maintenance of the area of Ilcheon-si, one of the instant land owned by C (hereinafter “the instant land”) to sell the instant land at a high price, thought that the Defendant would maintain a constant friendship with C and would be able to assist the Defendant in real estate brokerage, etc. operated by the Defendant. On the ground that the victim E, who owned the instant land next to the instant land, had the victim purchase the instant land at a high price of the instant land on the ground that the implementation of apartment construction project, etc. was promoted.

The defendant has set up a long-term plan for the victim to carry out the business of constructing and selling the apartment house 551 households in the city of the victim in the city of Incheon in 2008 on October 10, 2008, and the victim's mother's land is adequate.

However, in order to construct an apartment, it is necessary to change the first-class residential area to the third-class residential area. However, since the victim's land alone is insufficient, it is difficult to purchase the land adjacent to the victim's land, so if the purchase of the land owned by C is made within three months, the apartment execution project will proceed with the apartment project by purchasing the entire land including the above land in KRW

“A false representation was made.”

However, the defendant did not have a plan for apartment execution project, and even if the victim purchased the land of this case, he/she did not have an intention or ability to purchase again in KRW 80,000 per square year within three months.

As above, the Defendant entered into a contract with the victim to purchase on November 3, 2008 the land equivalent to KRW 526,300,000,000 at the market price of C by deceiving the victim as above, and to purchase the land at the price of KRW 6,50,000 on the same day as the down payment.

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