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(영문) 전주지방법원 군산지원 2017.03.08 2016고단1139
사기
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. 피고인은 2012. 7. 24. 익산시 D에 있는 ‘E 부동산’ 사무실에서, 피해자 C과 익산시 F 토지 중 550평을 분할하여 피해자에게 매도하기로 하는 내용의 매매계약을 체결하면서 피해자에게 “ 현재 명의는 G로 되어 있지만 H의 명의로 매매계약을 체결하고 이미 대부분의 돈이 넘어갔고, 그 돈을 대부분 내가 댔다.

As the present state of transfer of name became known, it was false that the registration will be made by dividing it into the name transfer.

However, on January 20, 201, G entered into a sales contract with H on condition that the purchase price of the above land is KRW 190 million and paid KRW 20 million, intermediate payment, KRW 30 million, and the remainder was not paid. The Defendant merely arranged a sales contract for the above land between H and G upon receiving a request from G for the brokerage of sale and purchase of the above land, and the Defendant did not have any right to the above land since there was no fact that the Defendant did not have any part of the purchase price, and the Defendant did not think that the purchase price received from the damaged person was used for personal purposes, such as personal debt, living expenses, etc., and did not think that it was used as funds necessary for the acquisition of rights to the above land.

The Defendant received KRW 20 million from the damaged party through the Agricultural Cooperative Account in the name of the “E Real Estate Brokerage Corporation” as the down payment on the 25th day of the same month.

2. On May 20, 2013, the Defendant entered into a new sales contract with the victim C to sell the land in installments in 550 square meters out of the land with the victim C by delegation from the Defendant’s broker after the rescission of the sales contract between G and H with respect to the land referred to in the preceding paragraph at the “K real estate office” office located in the Hasan-siJ on May 20, 2013, and upon delegation from the Defendant’s broker, to sell the land in installments from the victim C and the above land. Since there was money to be received from L, the Defendant remitted the money to L with the middle gold amount of KRW 30

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