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(영문) 서울중앙지방법원 2013.03.21 2013노57
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the facts charged is a person operating an “E Licensed Real Estate Agent Office” in Seo-gu Incheon Metropolitan City D.

On April 3, 2008, the Defendant: (a) mediated the Victim F (F) to purchase from the owner H in Seo-gu Incheon, Seo-gu, Incheon; (b) received the purchase price of KRW 40 million from the victim and delivered it to the said H; (c) around April 3, 2008, around April 15, 2008, the Defendant completed the registration of ownership transfer of the said L, in the name of the victim, with the ground for registration KRW 40 million.

When the victim purchased the above lending and asked the above lending again because it is difficult for the Defendant to sell it again, the Defendant stated, around April 201, that the Defendant “as there is a disadvantage to pay heavy taxation because he falls under two houses per household, the Defendant first registered the ownership transfer in the name of his father temporarily, and later sold it to another person to pay the balance.”

Defendant for the same year

4. On December 12, 200, the victim who believed the Defendant’s horse was killed, and the victim was asked to obtain a certificate of personal seal impression at the Gwanak-gu Seoul Special Metropolitan City Bodong community service center, and the victim was issued with the power of delegation to state “not to bring all issues with respect to this trading right.” On April 18, 201, the cause of registration was paid at KRW 70 million on April 18, 201, and the registration of ownership transfer of the above lending was completed in the name of the Defendant’s father, his/her father’s his/her father, and the cause of registration was completed on January 20, 201 by using the transaction amount as KRW 70 million on January 5, 2012 and completing the registration of ownership transfer in the name of J.

On the other hand, the Defendant transferred KRW 10 million to the victim under the above I’s name on April 11, 201, which was prior to the registration of transfer of ownership in the above I’s name, and according to the following, “the victim deposited KRW 10 million”, the Defendant sold the loan to another person.”

However, the defendant is guilty.

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