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(영문) 부산지방법원 2014.01.23 2013고단4424
사기등
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

[2013Kadan424] Defendant A is a person engaged in construction business under the trade name of “F” without registering construction business in Kimhae-si E, and Defendant B is a person in charge of management at the construction site.

On February 7, 2012, the Defendants entered into an investment agreement (hereinafter “instant investment agreement”) with G and the Busan District Court in front of the Busan District Court, which entered into an investment agreement with the effect that “G shall purchase the Busan District Court H site and invest KRW 4.20,000,000 for the loan construction fund. Defendant A newly constructed and sold the loan on the said site, distributed its profits to G and Defendant A, and Defendant B (I prior to the opening name) shall receive KRW 4,00,000 from the said construction cost and manage the construction fund transparently in a transparent manner.”

1. Defendant A

A. On February 7, 2012, in accordance with the instant investment agreement, Defendant A made the victim G purchase the said H site from its owner M in accordance with the L Licensed Real Estate Agent Office operated by K located in the Busan East-gu, Busan P.M. on February 7, 2012, Defendant A made a false statement to the victim that “The price of the land at the original price of KRW 210,000,000,000,000 as the broker’s endeavor is lower than KRW 180,000,000,000,000,000,000,000 is a brokerage commission.”

However, in fact, the defendant decided to reduce the price of land on the condition that the above M and the seller should bear the brokerage commission to be borne by the buyer in advance, and there was no effort by the broker K to reduce the price of land. However, the defendant thought that part of the amount paid by the victim as the brokerage commission should be returned from the broker and he will personally return it.

On February 7, 2012, the defendant had the victim transfer the amount of KRW 10 million to the above K under the pretext of the brokerage commission, and the defendant immediately returned the amount of KRW 8 million from the above K and acquired it by fraud.

(b).

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