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(영문) 수원지방법원 2016.05.12 2015고단3052
사기등
Text

A defendant shall be punished by imprisonment for six months.

12,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal records] On May 14, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for fraud, etc. at the Suwon Friwon, and the judgment became final and conclusive on March 24, 2016.

[Criminal facts] 2015 Highest 3052

1. On October 13, 2012, when the Defendant paid 10 million won to the victim F who wishes to cancel the sales contract under the Seo-gu Incheon Metropolitan City E apartment complex 2802 Dong 902, Seo-gu, Incheon Metropolitan City from the D Authorized Broker in Seo-gu, Incheon Metropolitan City around October 13, 2012, the Defendant would complete the cancellation of the sales contract for the above apartment.

A false statement was made.

However, the above sales contract has already been implemented by the intermediate payment, and the victim cannot cancel the contract at will, and the defendant did not have any means and method of rescinding the above contract, so even if the service cost is paid from the injured party, there was no intention or ability to perform the cancellation contract.

The defendant was transferred from the victim to the Suhyup account of the defendant under the name of the same day as the service expense of the same day.

Accordingly, the defendant was given property by deceiving the victim.

The Defendant is a person who is engaged in real estate asset management business without any qualification under the trade name, i.e., “H,” from the 2nd floor of the business district G in Yongsan-si G 2017.

2. Fraud against victim I;

A. On August 29, 2011, the Defendant stated to the Defendant’s above office that “If the Defendant pays 5 million won to B, 5 million won as the expenses for requesting service per apartment bond, she will terminate the said apartment sale contract and dispose of the said apartment house” to the victim I wishing to cancel the sales contract under 102 Dong-dong 703, Gwangju City J apartment, and the victim’s 204 Dong-dong 402 and Dong 102 Dong 202.

However, the defendant did not have any means and method to cancel the above sales contract, so even if he received service commission fees from the injured party, he did not have the intention or ability to cancel the above sales contract.

The defendant.

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