(영문) 대구지방법원 2019.08.13 2018고단3894

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(영문) 대구지방법원 2019.08.13 2018고단3894

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a licensed real estate agent who operates “C Real Estate” in Daegu Dong-gu B and 3.

On April 28, 2015, the Defendant concluded a contract with the owner of the building and paid the down payment to the owner of the building by concluding a contract to purchase the first floor commercial building with the owner of the building and the owner of the building at the end of 100 million won, where “The first floor (50 square meters) of the building of this case has come to a low price.” The Defendant concluded a false contract with the victim E on April 28, 2015 (hereinafter “instant building”).

However, in fact, the Defendant, under the name of F, a broker assistant to the above “Creal estate”, planned to pay the necessary down payment from the victim, when concluding a provisional contract to purchase all of the instant building, which is not only one floor among the instant building, with the owner of the building. At the time, the Defendant did not have any intent or ability to pay the remaining purchase and sale of the instant building, and did not attract any other investors than the victim. Therefore, even if the Defendant received the down payment for the first floor commercial building from the victim, the Defendant did not have any intent or ability to transfer the ownership thereof to the victim.

As such, the Defendant, by deceiving the victim, received KRW 100 million from the G bank account (H) in the name of the Defendant Co., Ltd. as the down payment of the 1st floor of the instant commercial building on the same day from the victim.

Summary of Evidence

1. The witness E and I's respective legal statements, and the witness J's partial legal statements;

1. Sales contract, each recording record, all of the registered matters, all certificates, application for transfer of a bankbook, and attachment of registered matters as an intermediary assistant;

1. Complaints (E) and police statements of E, written statements, and written statements (E);

1. Statement of the police officer concerning J, I, K, and L;

1. E's substitute part of the police interrogation protocol of the accused;

1. Each police interrogation protocol against I and J;

1. Acts and subordinate statutes concerning E prosecutorial protocol of statement.

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