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(영문) 광주지방법원 순천지원 2019.05.09 2018고단2576
사기등
Text

[Defendant A] The defendant shall be punished by imprisonment for a year and six months.

[Defendant B] The defendant shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

Punishment of the crime

"2018 Highest 2576"

1. On March 8, 2018, Defendant A sold the Plaintiff’s land H, I, J, and K (hereinafter “instant land”) at the “F Certified Judicial Office Office” located in E at the time of leisure, and concluded that “If the Plaintiff pays the land purchase price as KRW 100 million on the day of the contract, the intermediate payment KRW 200 million on April 11, 2018, and the balance KRW 500 million on May 16, 2018, the Defendant would cancel all provisional registration, collateral security, etc. established on the instant land by the payment date of the remainder and transfer ownership.”

However, on November 21, 2017, the Defendant agreed to transfer the ownership of the instant land to D and agreed to transfer the ownership of the instant land to C and D on February 14, 2018 when the Defendant could not cancel the collateral security obligation (a debt amounting to KRW 1.3 billion) established on the instant land by November 30, 2017. However, even though the Defendant agreed to transfer the ownership of the instant land to C and D on February 14, 2018 because it failed to repay the said obligation, the Defendant did not notify the victim of such circumstance, and the Defendant did not cancel the provisional registration or collateral security established on the instant land due to the lack of any import at the time, and did not intend to transfer the ownership of the instant land to D and did not intend or have the ability to transfer the ownership to the victim. Rather, around March 23, 2018.

As above, the Defendant, by deceiving the victim as above, received KRW 100 million as the down payment around March 8, 2018, and KRW 100 million as the intermediate payment around March 16, 2018, from the victim’s account in the name of the Defendant’s wife.

Accordingly, the defendant was given property by deceiving the victim.

2. A person who intends to operate a brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area which intends to establish a brokerage office as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and shall not operate the brokerage business without the registration of establishment of the brokerage

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