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(영문) 의정부지방법원 고양지원 2014.09.19 2013고단2379
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a licensed real estate agent office assistant.

In fact, around September 201, the victim E and the victim E agree to jointly purchase F apartment 105 Dong 2901, a premium of 18 million won, sales contract amount of 50 million won, 69 million won in total, and 69 million won in total. around October 10 of the same year, around October 10 of the same year, the apartment sales price of 9 million won is collected from the victim and transferred to G with 34.8 million won in total, including 25.8 million won in apartment sales price, around December 1 of the same year, and after acquiring the sales right by paying the same amount, G received a demand from the victim to dispose of the above sales right and return the investment amount, and thereafter, it would be from G around January 31, 2012.

2. 1. Resale of the above right of sale and hearing the statement that 1/2,58,000,000 won of the disposal price will be refunded to the victim, the victim gave up his/her right to sell the money to another place and instead, offered the right to sell the money as security and made a false statement on the condition that he/she redeems the money within a given period.

The Defendant, around January 31, 2012, at the D Licensed Real Estate Agent Office 103, Young-gu, Seoyang-gu, Ilyang-gu, Seoyang-gu, Seoul, stating that “The Defendant would give up his right of sale and offer the victim the right of sale as security, instead of selling it, the right of sale, and make a cash storage certificate of KRW 308 million,00,000,0000,0000,0000,0000,0000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. The protocol of statement of prosecutor G;

1. Application of Acts and subordinate statutes to cash storage certificates, F sale contracts, and appeal forms (including attached documents);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Order of community service;

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