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(영문) 수원지방법원 2015.06.03 2014고단1188
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

On April 4, 2008, among the facts charged in the case No. 2014 high-ranking3039 against the defendant, it was around April 4, 2008.

Reasons

Punishment of the crime

『2014고단1188』 피고인은 2008. 5. 10. 수원시 팔달구 C에 있는 D식당에서 피해자 E과 F이 있는 자리에서 “1억 이상을 호가하는 아파트가 9,000만 원에 매물로 나왔다. 곧 재개발이 되면 아파트 값이 평당 1,000만 원가량으로 뛸 것이다.”라고 말하여 2008. 5. 30. 수원시 장안구 G아파트 1동 403호에 관하여 부동산 매매계약을 체결하였다.

However, since the defendant's father at the time when the defendant's father was in need of dismissal from the operating expenses, even if he received the purchase amount from the victim, he did not have the intention or ability to pay the seller for the registration of ownership transfer of the above real estate to the victim.

The Defendant received the down payment of KRW 10 million from the victim on May 29, 2008 to H’s Sucup account (I), his former wife, and received the total sum of KRW 30 million from around that time to June 27, 2008, as shown in the attached crime list.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

The Defendant was a person who operated a mutual real estate intermediary in the name of “J-real estate” and was registered as a bad credit holder due to the failure to pay capital gains tax of 4.8 million won in around 2006, and thereafter did not have any property under the name of the Defendant, and did not have certain income.

On December 16, 2007, the Defendant stated that “The Defendant was delegated to sell or purchase this land from M and his wife, who is the owner of the sectionalized L nine lots of land in the Sinwon-si, Suwon-si, Suwon-si, Suwon-si, and that “The Defendant was trusted and under the contract, because he was delegated to sell or purchase this land from his wife, among the owners of the sectionalized L9 lots of land.”

However, the facts did not have been delegated from the above M or N with regard to the sale of the above real estate.

The Defendant, on behalf of the victim and the above M and N, approximately 1.0 shares of M in the above real estate.

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