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(영문) 서울중앙지방법원 2012.09.11 2011고단5647
사기
Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant

A is a licensed real estate agent broker assistant who operates the Dongjak-gu Seoul Metropolitan Government F, and Defendant B is a representative director of the event of construction of “H stock company” located in Dongjak-gu Seoul Metropolitan Government, and Defendant C is a person registered as an internal director of the said H stock company.

The Defendants knew that the unauthorized Building (Building Number) located in the Dongjak-gu Seoul Metropolitan Government J (K) that I introduced and purchased by Defendant C was forced to remove the unauthorized Building (Building Number) and had difficulty in compensating for it. The Defendants offered an advertisement that this unauthorized Building located within the redevelopment area was compensated within the short period and sold the unauthorized Building to acquire the amount equivalent to the commission, and then Defendant A, who was aware of many investors, was in charge of real estate brokerage business.

Defendant

A around May 2010, L, known as a brokerage of ordinary goods, had an unauthorized building on the land to be incorporated into the park site. The above unauthorized building should be purchased from the reconstruction association and paid compensation. The above unauthorized building may be paid KRW 100 million at the end of seven months at the latest if purchased the above unauthorized building at the end of seven months. L recommended to make an investment to the victim M, who had been frequently visiting the usual office, to the effect that L made an investment to the above purport. The victim consented to this effect by soliciting the victim M, who was frequently visiting the usual office.

Around May 7, 2010, L, delegated by the victim, purchased the above unauthorized building at KRW 85 million under the name of Defendant A and the victim. On May 17, 2010, the victim entered into a sales contract to purchase the above unauthorized building at KRW 85 million. On May 17, 2010, the victim met with the Defendants in the office of H Co., Ltd. located in Dongjak-gu Seoul Metropolitan Government to pay the balance

In that place, the Defendants stated that “the compensation for the above unauthorized building shall be made without permission by the end of July,” and the above unauthorized building has already been made.

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