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(영문) 부산지방법원 2012.07.24 2011고단6965
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around January 19, 2008, the fraud Defendant: (a) was a licensed real estate agent who is in a relationship with the seller, which is entirely unrelated to the seller, and was acting as a broker for the above real estate sales contract; (b) was the victim D, who wishes to purchase, saying, “The value of the above real estate is the ownership of C, and the value of the land is 286 square meters in Busan Gangseo-gu E-gu, Busan, which is in the atmosphere where the above land price is high; and (c) the above real estate may be seen as having a lot of profits from the sale of the above real estate from C.

Accordingly, the victim believed that the defendant has properly assessed the objective value of the above land as a licensed real estate agent, concluded a real estate sales contract with C's wife F representing C and 82 million won with respect to the above real estate.

However, the Defendant, as C’s children, did not broker the above real estate sales contract as a licensed real estate agent, and the above real estate sales contract was less than twice the market price of the surrounding land at the time.

The Defendant acquired 20 million won on the same day as the price for the sale of the above real estate from the victim, and 62 million won on February 20, 201 from the victim to the bank account of C, and acquired 82 million won in total.

2. Parties intending to enter into a contract for the transfer or establishment of ownership or superficies on the land located within an area subject to permission for a land transaction contract violating the National Land Planning and Utilization Act shall jointly obtain permission from the head of a Si/Gun/Gu;

Nevertheless, the defendant, on behalf of C without obtaining permission from the head of the Si/Gun/Gu, concluded a sales contract for the above real estate located in D and land transaction permission area on behalf of C.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of examination of the witness witness D;

1. A written appraisal of the market price by the Korea Appraisal Board;

1. The Korea Cadastral Survey Corporation;

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