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(영문) 의정부지방법원 고양지원 2017.11.16 2017고단2245
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 21, 2017, the Defendant was sentenced to a suspended sentence of one-year imprisonment with prison labor for fraud, etc. at the Goyang Branch of the Jung-gu District Court on March 21, 2017, and is currently pending a trial in the trial

【Criminal fact-finding on October 23, 2013, the Defendant entered into a apartment sales contract with the victim E to sell the said C apartment 601 and 302 (hereinafter “instant apartment”) on behalf of the seller F in lieu of the seller F, at a D Authorized brokerage office operated by the Defendant in the C apartment shopping district at around the time of Pakistan, and concluded the apartment sales contract with the victim E to sell the said C apartment 601 and 302 (hereinafter “instant apartment”) in an amount equivalent to KRW 92 million on behalf of the seller under the name of the seller, the Defendant is liable to the victim within the number of months the lease right premised on the right to sell the instant apartment

Merely determined.

However, the apartment of this case is a public rental apartment leased in F’s name around November 2013 and can be converted for sale at the expiration of ten years, which is the mandatory rental period. Thus, within the mandatory lease period, unless the Korea Land and Housing Corporation, which is a rental business operator, has consented to the transfer of the right of lease and the sub-lease, it cannot be transferred or sub-lease the right of lease to another person, and there was no legitimate reason for the transfer of the right of lease to the nominal owner F, and there was no reason for the transfer of the right of lease to the nominal owner, and at the time, the apartment of this case had already been arbitrarily sub-leased to G without the consent of the Korea Land and Housing Corporation. Therefore, even if the damaged party received the fee or the purchase price under the above contract, there was no intention or ability

Ultimately, the Defendant, by deceiving the victim as above, received respectively KRW 1 million for the same day from the victim as the down payment, KRW 2070,000,000 under the pretext of introduction expenses on December 6, 2013, KRW 10,000 and KRW 8 million for the name of change in the name on January 3, 2014, and acquired it by fraud, as well as KRW 21,70,000 in total.

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