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(영문) 서울중앙지방법원 2013.11.04 2013고단5941
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 17, 2004, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on May 20, 2005, and completed the execution of the sentence on May 20, 2005. On September 15, 2011, the Seoul Eastern District Court sentenced eight months of imprisonment with prison labor for fraud, and the said judgment became final and conclusive on September 23, 201. On March 29, 2012, the Seoul Northern District Court sentenced four months of imprisonment with prison labor for fraud at the Seoul Northern District Court on June 22, 2012, and the said judgment became final and conclusive on May 15, 2013.

1. Around November 23, 2007, the Defendant: “Around November 23, 2007, the Defendant of the fraud related to real estate located in the Docheon-dong, Gangdong-gu, Seoul, said that the Defendant carried the Victim B with a real estate appraisal hub; and “Around November 23, 2007, the Defendant may receive a higher appraisal on the land outside the Dasan City and 21 lots of land.”

However, the Defendant did not receive an appraisal through a certified public appraiser or an appraisal corporation directly known to him/her, but was planning to request an appraisal through another appraisal hub, "D," which was “D,” where the previous appraisal had no knowledge of personal information and had no actual experience, and was thought to have been used for an individual purpose unrelated to an appraisal, such as hospital fees, living expenses, and agreements of cases accused by fraud, etc., without using most of the retainers received from a victim.

Although the Defendant did not have any intent or ability to receive an appraisal of the real estate at the victim’s request by the victim for the purpose of the appraisal and assessment, even if having received the money from the victim, the Defendant made a false statement as above, and received KRW 25 million from the Gangdong-gu Seoul Dong-dong around November 27, 2007 to December 10, 2007, which is the sum of 40 million as shown in subparagraphs 1 through 3 of the annexed crime sight table.

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