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(영문) 대구지방법원 서부지원 2021.02.03 2020고단3152
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On October 23, 2020, the Defendant was sentenced to two years of imprisonment for fraud at the Daegu District Court, and the judgment became final and conclusive on December 28, 2020.

[Criminal facts] The Defendant is a person who actually operates a real estate planning company for the purpose of real estate sales, etc. in the name of the Bank of Korea Co., Ltd. at the window B of Changwon-si, Chungcheongnam-si.

1. On April 2018, the Defendant against the victim D made a false statement to the effect that “The Defendant purchased the said land in the context of the completion business as the rear site of F and the scheduled change of use in the commercial area in order to make the victim D’s early April 2018.” The Defendant purchased the said land in the context of the KOBC, which is 1.250,000 won at the present, and later would make the registration of the transfer of ownership.”

However, there was no fact that the Defendant did not directly meet the above E owner or did not have been entrusted with the authority to sell the land by the said owner, and the Defendant did not have any specific property at the time, and the Defendant did not have any intent or ability to register the transfer of ownership with the victim by purchasing the instant E and purchasing the instant E, as it was planned to use it for the operating fund, etc. of the Management Fund C, such as employee pay, even if the Defendant did not receive the payment from the injured party, as it did not have any intent or ability to register the transfer of ownership.

Nevertheless, the Defendant received KRW 2 million from the injured party as the down payment on April 9, 2018 and received KRW 10 million as the intermediate payment around April 10, 2018, and received KRW 48750,000 as the intermediate payment on April 10, 2018, and received KRW 60,755,000 as the remainder payment on April 13, 2018.

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

2. On June 1, 2018, the Defendant against the victim I, through paragraph D, at the office of the said dispute resolution committee.

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