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(영문) 수원지방법원 2019.09.06 2019고단2852
사기
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

[criminal power] On January 23, 2017, the Defendant was sentenced to four months of imprisonment, two months of imprisonment, one year of imprisonment, etc. at the Seoul Central District Court, and the judgment became final and conclusive on April 5, 2017.

【Criminal Facts】

On March 31, 2015, the Defendant entered into a contract with D to sell the victim E on behalf of the Defendant at the C Licensed Real Estate Agent Office located in Gangnam-gu Seoul Metropolitan Government (Seoul Metropolitan Government) and to sell the right to sell the F apartment G on behalf of the Defendant.

However, in the event that the above apartment was unlawfully sold in collusion with H by having the defendant enter into a disguised marriage with H, thereby raising the subscription score, and where the above facts are discovered later, the defendant did not notify the victim of the above facts even though the winning of the right to sell the apartment can be revoked.

Accordingly, on March 31, 2015, the victim agreed to purchase the right to sell the above apartment without knowing that the above apartment was illegally sold, and around March 31, 2015, the victim transferred KRW 10,000,000 to the account in the name of J designated by D under the pretext of the provisional contract deposit, and around April 9, 2015, issued cashier's checks equivalent to KRW 130,000 to D under the pretext of the premium for the above apartment, and transferred KRW 77,068,50 to the account in the name of K designated by D under the pretext of the contract deposit around April 10, 2015, transferred KRW 2,619,600 to the account under the name of D under the pretext of expanding the balcony around April 21, 2015, and transferred KRW 10,000 to the account under the name of MD 10,010, 10,70,010.

Accordingly, the Defendant, by deceiving the victim as above, received a total amount of KRW 261,58,100 from the victim or caused the victim to make a substitute payment, thereby acquiring pecuniary benefits equivalent to that amount.

Summary of Evidence

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