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(영문) 수원지방법원 성남지원 2012.12.21 2012고정1019
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant and D, while mediating the purchase of the FF FF 02 from the Seongbuk-gu, Seongbuk-gu, E, the Defendant and D, knowing that the purchase and sale from E was KRW 160,000,000,000,000 for the victim G, conspired to acquire the difference by cutting the sales price to KRW 190,000,000.

On November 2007, the Defendant stated that “FF 02, Sungnam-gu, Sungnam-gu, Seoul-gu, would be equivalent to KRW 190,000,000,000,000 in the market price.” At present, there would be a large amount of profit if the real estate was purchased again because the real estate price was disavated. At present, the Defendant would make a sales contract which would raise the purchase price to KRW 200,000,000 in order to reduce capital gains tax later.”

However, in fact, E attempted to sell the above real estate at KRW 160 million from the beginning, and there was no request for sale at KRW 190 million.

Nevertheless, on November 7, 2007, after receiving KRW 20 million from the victim G through I as contract deposit, the Defendant paid KRW 8 million to I as the introduction expense. On November 8, 2007, the Defendant received KRW 12 million as the passbook in the name of the Defendant. D paid the remainder of KRW 90 million from the victim G on November 15, 2007, and paid KRW 160 million among the remainder of KRW 170 million, and paid KRW 160 million to E. However, according to the evidence, G paid the remainder of KRW 90 million after deducting KRW 190 million from the purchase price, and only the remainder of KRW 80 million after deducting KRW 80 million from the remainder of KRW 80 million from the remainder of KRW 80,000,000, KRW 800,000, KRW 800,000, KRW 980,000 to each victim’s direct payment.

80,000,000 won out of the payment shall be paid to E, and the difference shall be divided into the defendant.

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