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(영문) 대구지방법원 포항지원 2013.05.09 2013고단8
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to three years of imprisonment with prison labor at the Ulsan District Court for embezzlement, etc., and the judgment became final and conclusive on May 4, 2012.

1. On June 17, 2011, the defrauded Defendant was in Ulsan-gu, Ulsan-gu, and at the “D Licensed Real Estate Agent Office” operated by the Defendant, in relation to Article 1102 of the F Building in Ulsan-gun, Ulsan-gun, U.S., U.S., the victim E, “At first, the Defendant was fluorous, but was fluoring the security deposit.” The establishment of the right to collateral security in the community credit cooperative is the maximum debt amount of KRW 162 million, and in fact, the amount of KRW 100 million remains. The acquisition of the right to collateral security will only take over the right to collateral security. The security deposit will be settled within the right to collateral security. The security deposit is at the same place on June 21, 201, at the same place as the victim and the building on June 21, 2011, the fact that the registration of the decision on voluntary

However, in fact, the secured debt of the right to lease on a deposit basis established by the Seoul Saemaul Bank was KRW 140 million, and the secured debt of the right to lease on a deposit basis established by G was KRW 95 million, and there was no property value of the above building. From April 201, to June 10, 201, the Seoul Saemaul Bank notified the Defendant of the auction execution order five times in Seoul Saemaul Bank, and on June 10, 201, the registration of the decision on voluntary commencement of the sale on the above building was completed, and the Defendant thought that the purchase price received from the victim was used as the deposited money of the reported case, so the victim did not have any intent or ability to transfer the ownership.

The Defendant received from the victim KRW 5 million as a provisional contract deposit around June 17, 201, KRW 5 million as a provisional contract deposit around June 201, KRW 5 million as a contract deposit around June 20, 201, KRW 10 million as a contract deposit around June 21, 201, KRW 15 million as a first intermediate payment around July 19, 201, and KRW 45 million as a second intermediate payment around July 20, 201.

In this respect, the defendant deceivings the victim to take property.

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