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(영문) 대구지방법원 김천지원 2020.03.19 2020고단170
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant pays 153,00,000 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

The Defendant is entrusted by the business owner E of the “D Licensed Real Estate Agent Office” in Kimcheon-si, to operate the said office without qualification as a licensed real estate agent, and the victim B is a family-friendly relationship with the middle school.

The Defendant attempted to purchase the forest of this case 2,182m2 (hereinafter “the forest of this case”) in the city of Kimcheon-si, and attempted to deceive the victim as if the Defendant could act as intermediary for the purchase of the forest of this case, thereby deceiving the victim to acquire the real estate purchase price.

1. Fraud;

A. On April 2016, the Defendant stated that “The Defendant would allow the victim to purchase the instant forest in KRW 140 million at the Defendant’s office of the said D Licensed Real Estate Agent Office. However, the said forest should obtain the consent of the house among the doors of the land in the form of the land. 5 million won in the face of the State as a real estate intermediary for real estate brokerage.”

However, in fact, the defendant received money from the victim and planned to use it as living expenses, gambling funds, etc., and the victim did not have any intention or ability to intermediate the sale and purchase of the forest of this case.

Ultimately, around April 6, 2016, the Defendant, by deceiving the victim as above, received five million won from the H bank account (I) in the name of G, the Defendant’s seat, as the real estate intermediary fee, from the victim.

B. On July 5, 2016, the Defendant called the instant forest by telephone to the victim, and called “the owner of the real estate enters into a contract as to the land”, and concluded that “the victim would sell the land at KRW 140 million as the said D Licensed Real Estate Agent Office, first of all, shall be paid KRW 30 million as the down payment and the intermediate payment, with the payment of KRW 60 million as the down payment, and the remainder of KRW 50 million as the payment by November 15, 2016.” The Defendant drafted a real estate sales contract stating that “The transfer of registration will be done after the remainder payment is made.”

However, the defendant receives money from the victim in return for living expenses.

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