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(영문) 서울서부지방법원 2017.05.18 2016고단3714
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, the Defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal records] On December 11, 2015, the Defendants were sentenced to a suspended sentence of two years for each year of imprisonment, and Defendant C was sentenced to a suspended sentence of two years in February 1, 2015 and the above judgment became final and conclusive on December 19, 2015.

[2] The Defendants: (a) attempted to acquire money from an unspecified seller who bought real estate by means of the Internet, etc. on the Internet, etc. in a closed spot of Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as the “Seodong-gu”); and (b) intended to acquire money from an unspecified seller by means of receiving appraisal expenses; (c) Defendant A conspired to act as a real estate intermediary as if an unspecified seller calls to arrange the sale and purchase of real estate; (d) Defendant B issued an appraisal report, etc. from a person who wants to sell real estate; and (e) Defendant C conspired to collect money deposited in a large passbook and withdraw money from the money deposited in the large passbook.

On May 19, 2015, according to the aforementioned conspiracy, the Defendants reported to the victim the purchase and sale of real estate in the rice Luxembourg market, advertised by the victim E, and called the victim, and the Defendant A misrepresented the appraiser and the Defendant B sold and purchased the apartment that the victim had opened in the rice Luxembourg market. As so, the Defendants received appraisal fees, and sent the appraisal fees.

However, the Defendants were not certified intermediaries or appraisers and did not have the intention or ability to intermediate the sale of real estate even if they received the appraisal commission from the victims.

As such, the Defendants conspired to induce the victim and receive KRW 720,00 from the one bank account (G) account in the name of F in the same day from the victim, as well as from around that time to July 30, 2015, as shown in the List of Crimes (excluding 3 times a year).

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