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(영문) 서울중앙지방법원 2016.08.10 2015고단8002
사기
Text

Defendant

A Imprisonment with prison labor for six months and for eight months, respectively.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

Defendant

A is a person who has been engaged in real estate brokerage business, and Defendant B is a person who resides in “F 41 01, 02 and 03” in E.

In collusion, around February 2015, at H restaurant located in Gangnam-gu Seoul Metropolitan Government, the Defendants concluded a contract with the seller to sell the apartment right to the apartment house to the victim with the size of 18 square meters to the victim, and received KRW 50 million in total as the down payment of KRW 50 million around the 16th day of the same month, and KRW 50 million in total as the introduction fee of KRW 50 million in the deposit of KRW 30 million and KRW 10-15 years after the occupancy.

However, the facts are as follows: (a) it is clear whether E can be a business within a prompt time due to the failure to reach an agreement on the specific business method between the Seoul Special Metropolitan City and the Gangnam-gu Office; (b) whether E will be eligible to move into a rental apartment; (c) the terms and conditions of E could not be known; and (d) the possibility of purchasing a rental apartment after the expiration of a long-term rental period is not possible; and (e) Defendant B is expected to have development gains, which are expected to be sold to a third party around 2003, and (e) it is possible for each party to move into a rental apartment by setting the time limit of 2018 and allow the Defendants to move into a rental apartment; and (e) the possibility of granting the above right to move into a rental apartment through a local government, etc.

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