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(영문) 대전지방법원 2016.02.17 2015고단2145
사기
Text

Defendant

A and B shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On January 20, 2010, Defendant A was sentenced to a two-year suspended sentence of imprisonment for fraud at the Daejeon District Court on June 201, and the judgment became final and conclusive on January 28, 2010. On January 15, 2015, the Daejeon District Court sentenced Defendant A to a two-year suspended sentence of imprisonment for fraud, etc. on January 23, 2015 and became final and conclusive on January 23, 2015.

[2] Defendant A is a person working as a management director of the G building in Seo-gu, Daejeon in Daejeon in 2008, and Defendant B is a person who vicariously performed the sale of the said G building, Defendant C is a person who introduced the victim H from Defendant A and arranged the sale of the said G building to the victim.

1. The Defendants, around September 2008, decided to demand a separate sales commission from the victim on the following grounds: (a) around September 2008, the Defendants: (b) by mediating the sale of the said G building to the victim; (c) providing the victim with the benefit of 501 and 503, such as the defect in obtaining the sale; and (d) the victim’s discount sale and free sale

After the Defendants recruited as above, at the office of the 5th floor victim of the Seo-gu Daejeon Special Metropolitan City I building on October 2008, the Defendants did not receive the sales commission for the Defendant’s employees “A and B”.

Along with the fee for the sale of buildings in lots, the seller is responsible for the sale of buildings in lots, and the sale of buildings in lots is completed well.

However, the Defendants received the sales commission from the executor of the above G building due to the act of mediating the victims for sale, and at the time, the above G building had no specific sales performance after the victims received the sale, and even if the construction cost was not paid to the contractor, even if the victims received the sales commission from the victims, it was not clear whether the registration of transfer of ownership can be made for the number of houses sold in lots.

Nevertheless, the Defendants made a false statement to the victim as above, and the Defendants received delivery of KRW 20 million from the injured party on October 9, 2008, and around that time.

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