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(영문) 인천지방법원 2016.09.09 2016고정2215
사기등
Text

A fine of 3,00,000 won is imposed on the defendant's crime of fraud, and a fine of 3.0

Reasons

Punishment of the crime

1. On December 23, 2015, the Defendant, who engages in the real estate brokerage business of fraud, purchased 350 square meters of land in Seo-gu Incheon Special Metropolitan City, Seo-gu, Seoul Special Metropolitan City, Seo-gu, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, the Defendant: (a) purchased 350 square meters of land in Seo-gu, Incheon Special Metropolitan City, Seo-gu, which is owned by the victim C; (b) mediated a real estate sales contract with the content that KRW 10 million shall be paid as of March 3, 2016 when entering into the contract; (c) however, the Defendant, who would purchase the said land with KRW 50 million after concluding the contract and arranged the purchase contract again with the seller to enter into the sales contract with the purchaser.

On February 2, 2016, the Defendant had the victim waive the above sales contract by telephone at the place where the police officer was in the middle of the 2016, stating, “I would like to cancel the contract by changing the seller’s mind, and would compensate for the amount of the down payment by cancelling the contract.”

D, however, it is difficult for the defendant to sell to another person because he did not want to cancel the sales contract with the victim and there is no intention to compensate the victim for the amount of the down payment, and the defendant could not pay the balance to the victim.

Since consent was obtained, even if there was no intention or ability to pay a double amount to the victim of the down payment, it made the aforementioned false statement, and caused the victim to waive the above contract, and caused D to take up the down payment amounting to KRW 10 million, thereby obtaining property benefits equivalent to the same amount.

2. The Defendant, who works for G office in Kimpo-si, Kimpo-si, does not register as an authorized brokerage business with the competent authority, and as above, runs real estate brokerage business from the first half of the year to the first half of January 2016, without registering as such, the Defendant, while running real estate brokerage business from the first half of the year 2014 to the first half of the year 2016.

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