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(영문) 서울동부지방법원 2016.11.03 2016고단2960
사기
Text

A defendant shall be punished by imprisonment for one year.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

The Defendant, by means of deceptioning that a real estate agent is entrusted with real estate sales brokerage as a real estate agent, had the purchaser conceal the sales price of real estate sold by the seller, and had the purchaser acquire the lost amount by deceiving the purchaser.

1. On March 2009, the Defendant, at the “E” real estate agent office operated by the Defendant in Jeonbuk-si, Kim Jong-si, the Defendant: (a) obtained the seller’s real estate purchase price of KRW 150,44 million from the seller; (b) as if the seller sells the real estate amount of KRW 230,000,000,000 from the seller, the seller would sell the land to the victim C with the commercial area of KRW 238,00,000 per square year; (c) obtained the difference of KRW 238,00,000 per square year from the land owner to KRW 230,000,000 per square year; and (d) obtained the Plaintiff’s account in the name of the national bank in the name of G on March 20, 2009 to KRW 50,000,000,000 won in total, KRW 360,000,000 won in the name of the victim.

2. On August 17, 2009, the Defendant: (a) on the land of 3178 square meters in the Special Self-Governing City of Jeonbuk-si; (b) on the other hand, the seller sold real estate at the price of 34.4 million won; (c) on the other hand, the seller sold real estate at the price of 65.4 million won, and (d) as if the seller sold the real estate at the price of 6.5 million won, the Defendant acquired from the victim the difference of 30.6 million won in cash and received from the victim’s above residence on September 17, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect examination protocol of the accused by the prosecution (including the part concerning C, J and G statements);

1. C, .

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