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(영문) 광주지방법원 2018.11.09 2018고단1070
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates an office of a certified broker under the trade name of “C Certified Broker” in B at Isaju.

After receiving a request from the victim D to mediate the sale and purchase of land of the E, F, and 2 parcels of 926 square meters from the victim D, the Defendant was willing to acquire part of the selling price of the land.

On July 2, 2017, the Defendant called the victim D on July 2, 2017 and called the victim D to purchase the land.

165,00 won 165,000 Does fine;

If the purchaser forwards money by calculating KRW 175,00 per square day, the purchaser shall return 10,000 won per square day to the purchaser again.

After that, on July 5, 2017, when G from the purchaser of land remitted KRW 20 million to the account of the victim as part payments in order to purchase the land of the victim, the Defendant called “60,000 won, if deposit was made in the middle of KRW 20,000,000,000,000,000,00 won, and 9,200,000 won, to the I bank account in the name of H,” and whether the Defendant’s horse was the victim “the purchaser does not send KRW 9,20,000 to the G account, which is the purchaser?”

If the purchaser is not the purchaser but the H’s account is known.

“A person to be asked,” and the Defendant should not include KRW 9.2 million in the G account.

If so, it can be said that the fake is made, it can be discarded and sent money to the account under H’s name. H is each person’s real estate.

H The entry into the H account shall be returned again.

“.....”

However, the defendant did not intend to return 9.2 million won to G even if the victim remitted 9.2 million won to the H account.

Accordingly, on July 5, 2017, the Defendant, by deceiving the victim, and by deceiving the victim from the victim to the H’s account in the name of H, acquired 9.2 million won from the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by each prosecutor to the G and J;

1. Statement made by the police against D;

1. All certificates, recording records, and each real estate transaction contract;

1. The receipt of text messages;

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