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(영문) 서울서부지방법원 2012.11.29 2012고단625
사기등
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. The Defendants, while mediating a land sales contract between G and the victim H, conspired to inform the purchaser of the purchase price at a much higher amount than the market price and to acquire the difference by deceiving the purchaser.

On September 5, 2009, the Defendants made a false statement to the victim in Defendant A’s car, “The sum of 1,428 square meters in Jan-gun, Chungcheongnam-gun, Chungcheongnam-gun, North Korea, is 500 square meters in total and 1,428 square meters in Jan-gun, Chungcheongnam-gun, North Korea, and is a land having investment value, and the market price is 180,000 square meters in average market price.”

However, the actual transaction price of the above land was limited to KRW 100,000 per square meter.

Nevertheless, the Defendants conspired to deception the victim as above and received 90 million won from the victim as the purchase price for the above land, and acquired 40 million won, which is the difference between the actual transaction price of 50 million won and the actual transaction price.

2. No defendant A broker, etc. shall receive money and valuables in excess of the statutory fees or actual expenses under any pretext, such as case, donation and others;

The Defendant, as a broker assistant registered with the “M Licensed Real Estate Agent Office” in Eunpyeong-gu Seoul Metropolitan Government L on September 5, 2009, arranged a real estate sales contract of KRW 90,000,000 for the purchase price as prescribed in paragraph (1), and entered into a real estate sales contract with the buyer H, who received KRW 7 million exceeding KRW 8,10,000,000 for the transaction amount under the pretext of the buyer H’s commission, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H, B, and P;

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. Statement by the prosecution against the defendant A concerning suspect interrogation (Provided, That this shall not apply to the part in which actual authenticity is not proven);

1. A real estate sales contract and a receipt;

1. Confirmation of the investigation report on officially assessed individual land price, confirmation of details of account transactions between the complainants, and adjustment of details of payment of land purchase price;

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