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(영문) 대전지방법원 2014.02.21 2012고단4530 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On June 15, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Suwon District Court, and the judgment became final and conclusive on September 6, 2012.

[2012 Highest 4530] C, the representative director of the D Co., Ltd. (hereinafter “D”), and the Defendant, from October 2007, operated the real estate brokerage business under the name of F real estate in Ansan-gu E.

H apartment, other than Pyeongtaek-si G, and three lots of H apartment (hereinafter referred to as “H apartment”), is an aggregate building sold in lots after the J Co., Ltd. (hereinafter referred to as “J”) executes and executes seven and twenty-four and twenty-four and twenty-six and twenty-six households.

C Around December 24, 2007, K Co., Ltd. (hereinafter “K”) as a collaborative company of J (hereinafter “K”), transferred H apartment 6 bonds (No. 101, 208, 106, 101, 109, 107, 108, 107, 108), as payment in kind, for the purpose of securing the payment in kind, and then delegated the Defendant with the sale in lots at around that time.

Around April 29, 2008, C entered into an agency contract with I and H apartment with the remainder of 280 households. However, D did not have any entry into a contract for the sale of H apartment construction or directly received apartment under the pretext of payment in kind, and before April 29, 2008, it did not enter into a contract for the sale of I and H apartment or re-consign the sale of it to the Defendant. The apartment was not completed even at the time of delegation on April 29, 2008, and it was unclear whether the sale contract can transfer its ownership to the party who entered into the sale contract as it was impossible to sell the ownership because the same was not specified because the same was not specified until May 208.

Around March 2008, the Defendant, as the title “sale and purchase of apartment purchase rights,” “L-5 minutes, down payment 30 million won, remainder after completion of construction, 150 million won, and 75 million won for purchase of sale rights,” the Defendant advertised to the victims who reported and found such advertisement.

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