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(영문) 전주지방법원 2018.05.25 2017고단1466
사기
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 8,000,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

On November 13, 2014, the Defendants concluded a sales contract for Korean-style houses located in Da (E in the name of "E" in the Korean-style village) with the intention of purchasing KRW 800 million from their owners (payment on the date of a contract deposit of KRW 40 million, intermediate payment of KRW 40 million, payment of KRW 320 million on December 13, 2014, payment of KRW 320 million on March 13, 2015, payment of KRW 40 million and KRW 40 million on May 23, 2015). After having paid the said down payment of KRW 40 million and KRW 40 million on December 13, 2014, the Defendants appropriated the remainder of the above rent of KRW 300,000,000 to the above rent of KRW 300,000,0000,000 for the above rent of KRW 300,000,000.

On April 13, 2015, the Defendants and the aforementioned F entered into a sales agreement (the so-called "contract") with the content that F purchases the above hanok in the amount of KRW 510 million from the purchase price to KRW 510 million between the said F and the said owner (the payment of KRW 450 million on May 13, 2015).

On May 7, 2015, the Defendants stated to the victim G that “it is necessary for us to purchase the above Korean-style houses, and to transfer the registration, the amount of KRW 50 million should be added, and the amount of KRW 50 million as the deposit for the lease of the above Korean-style houses would be able to operate the above Korean-style houses directly for a period of one year from June 2015, with the deposit for the lease of the above Korean-style houses.”

However, at the time of fact, the registration of transfer of ownership of the above hanok was made in F future, and there was no consultation with F on the utilization method of the above hanok in the future, so the defendants did not have the right to lease the above hanok to others at will.

Nevertheless, the Defendants can lease the above-style house in collusion with others by hiding such circumstances.

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