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(영문) 대전지방법원 천안지원 2014.05.22 2012고단1006
사기
Text

A defendant shall be punished by imprisonment for nine months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

1. Around November 15, 2011, the Defendant: (a) arranged a sale and purchase contract for the victim D and ASEAN land at the F office located in Asan City, Asan-si; (b) made payment of KRW 8 million for the purchase and sale deposit to I delegated by the seller; (c) even though the Defendant did not have been delegated the seller with regard to the receipt of any balance from the seller; and (d) did not have received a request from the seller to receive the payment of the intermediate payment and the balance from the seller; and (c) on December 15, 201, the Defendant called the victim at the F office of the F office located in Asan-si, Asan-si, entrusted the buyer with regard to the receipt of any balance from H; (c) the seller received KRW 20 million as the intermediate payment from the seller; and (d) the seller received KRW 70 million as the intermediate payment from the seller to the seller; and (e) the seller received KRW 20 million as the intermediate payment from the seller to the seller at around 2600 million.

2. On March 15, 2012, the Defendant: (a) at the F Office of F Co., Ltd. on the part of the Defendant: (b) around March 15, 2012, entered into a provisional contract with the Victim K and Pusan L land with the seller H, the buyer K, and the provisional contract amount of KRW 3 million; (c) the seller entered into a provisional contract with H on the said land with the seller; (d) did not pay KRW 3 million as the provisional contract amount on behalf of the victim; and (e) at the time, the Defendant did not have any intent or ability to pay KRW 27 million to the said H on behalf of the victim; and (e) even if there was no specific fixed income other than the monthly rent, communications fee, etc. for the amount of KRW 37 million and borrowed money from the victim, the said F Co., Ltd. on March 16, 2012, the office of F Co., Ltd.

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