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Defendant
A Imprisonment with prison labor for six months and for four months, respectively.
However, this judgment is delivered against Defendant D.
Reasons
Punishment of the crime
1. Defendant A is a person who actually runs the “AU Authorized Brokerage Office” office located in the 1st floor of Bupyeong-gu Seoul Special Metropolitan City, Busan Special Metropolitan City.
A. 1) Fraud 1) On September 24, 2014, the Defendant is seeking to catch a small apartment with real estate suitable for investment as a thing at the victim FJ office at the above AU Authorized Brokerage Office.
If the article has already been delivered and only money is sent, the name can be changed immediately.
It was called that there is an immediate sheet, and it is possible to trade 19 billion won if it is sent 19 billion won, excluding the monthly rent deposit.
However, in fact, the Defendant was merely intended to receive the purchase price from the injured party and use it in repayment of his obligation, and did not have the intent or ability to have the injured party acquire the ownership of real estate.
After all, the Defendant, as seen above, by deceiving the victim, received 190 million won from the victim to transfer the purchase price on the same day.
2) By taking advantage of the fact that AW 901 Dong 205, the Defendant was operating an authorized broker office, the fact that real estate was subject to sale was in fact by preparing and delivering a false monthly rent contract to the FJ of the victim, despite the fact that the pre-sale contract had already been concluded, in order to obtain pecuniary benefits equivalent to the difference between the pre-sale deposit and the monthly rent deposit, by selling the real estate, as if the monthly rent contract was concluded.
around September 30, 2014, the Defendant: (a) concluded a lease agreement with the lessee FK for a deposit of KRW 125 million and the contract term of KRW 25 million, inasmuch as the lessee FK entered into a lease agreement with the Plaintiff for a deposit of KRW 100,000,000,000,000,000, which is the difference, around September 30, 201; and (b) received payment of KRW 15,00,000,000,000,000,000,000,000,000,000,000,000,000,000 won.