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(영문) 춘천지방법원 영월지원 2018.02.20 2017고단509
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, in the Gangseo-gu Seoul Special Metropolitan City, was a person operating the “D” as a similar real estate brokerage chain in the Gangseo-gu Seoul Special Metropolitan City, and was delegated with the authority to mediate and conclude a sales contract for seven parcels of land (hereinafter “seven parcels of land”), such as 235 square meters, 1,091 square meters prior to the Gangseo-gu Special Metropolitan City, Gangwon-gu, the victims owned by the victim, 235 square meters prior to G, 98 square meters prior to H, 813 square meters prior to I, 80 square meters prior to J, 1,180 square meters prior to J, 46,987 square meters of K forest, and 1,091 square meters prior to L, which are seven parcels of land (hereinafter “the instant parcel of land”), and the Defendant was obligated to transfer the received sales price to the victims as they were. However, the Defendant acquired from the victim E the land in the form of purchase and sale, excluding the land in the form of the victim’s land.

At the above D office around April 7, 2016, the Defendant: “Around April 7, 2016, the Defendant sought the buyer from the Defendant, and, at the D office, sought to enter into a sales contract as to the seven parcels of the land of this case, asked an unbrupted account number and deposited KRW 45 million to the victim; and thereafter, the Defendant deposited the down payment and intermediate payment to the victim several times from that time until April 14, 2016. If the sales contract is not carried out, the Defendant would withdraw the legal measures.

It shall be examined whether a sales contract is in progress or not.

The buyer was delegated by M with all the authority to conclude the sales contract of the seven parcels of land in this case due to the lack of direct clerical error in the long distance of the buyer, and M is obliged to enter into the sales contract only when "L land" is included in the sales contract.

purchase of 70,000,000 won of this land.

section 3.

Accordingly, M does not have any balance in cash as of now, and once after receiving a temporary loan, 7 parcels of this land are the subject land for the purpose of paying the balance in lieu of M and securing it.

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