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(영문) 서울남부지방법원 2014.06.12 2014고단956
사기등
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

[criminal power] On February 22, 2012, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Southern District Court on June 26, 2012, and the judgment became final and conclusive on November 22, 2012. On November 22, 2012, the same court sentenced two years of suspended execution to one year of imprisonment for fraud, and became final and conclusive on November 30, 2012.

【Criminal Facts】

1. The Defendant, under the name of “C Licensed Real Estate Agent”, “D”, etc., misrepresented himself/herself without qualification as a licensed real estate agent, thereby engaging in real estate brokerage, etc.

Around December 7, 2009, the criminal defendant against the victim E made a false statement to the victim E at a coffee shop where it is impossible to know the trade name in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju. “The defendant would purchase 500 million won worth at KRW 125 million per square year as he would have high investment value as forest land would be developed as a whole housing complex, so he would purchase 50 million won per square year at KRW 250,000 per square year at KRW 50,000 per square year.”

However, the above land was established with a maximum claim amount of KRW 3 billion, and the development of the said forest was also inappropriate. The Defendant did not intend or have the ability to act as a broker for the sale of the said forest land to transfer the ownership of the said forest land to G with the delegation of the above sale contract from the victim, such as not giving notice of the fact of the instant sale contract to G who is the forest owner.

Accordingly, the Defendant, by deceiving the victim as such, received a total of KRW 20 million from the victim for the same day as the down payment, KRW 90 million as the intermediate payment on December 17, 2009, and KRW 15 million as the intermediate payment on January 15, 2010.

B. On December 1, 2010, the Defendant against the victim H was aware of the trade name in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, and “The amount of 400 square meters per square year is KRW 120 million because the Plaintiff planned to develop the I forest in Gyeonggi-gun as an electric housing complex.”

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