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(영문) 수원지방법원 2018.08.24 2017고단4355
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. No person who violates the Act on Housing shall transfer a certificate of savings of occupants, etc. for the supply of housing constructed and supplied pursuant to the Act;

Nevertheless, on April 2015, the Defendant received 7.5 million won at the mutual insular coffee shop in Suwon-si, Suwon-si, and transferred to C the “resident savings certificate” in the name of the Defendant.

2. On March 31, 2016, the Defendant paid the victim F the down payment of KRW 60,136,400,00 as the down payment to the E-official brokerage office located in Yeongdeungpo-gu, Suwon-si, Suwon-si, Gyeonggi-do.

If 124,136,400 won, such as down payment and premiums, is the main place, the right to sell the apartment is to be transferred.

“A false representation was made.”

However, the down payment of the above apartment is paid after H acquired the “house savings certificate” in the name of the defendant, and the right to sell the above apartment is already transferred to another person by the defendant, and even if the defendant receives the price from the injured party, there was no intention or ability to transfer the above apartment sales right.

Nevertheless, the defendant deceiving the victim as above and entered into a sales contract for the apartment on the same day as the victim, and on March 31, 2016, the defendant transferred KRW 10,000,000 to the local agricultural cooperative account under the name of the defendant on April 5, 2016, KRW 58,000,000, and KRW 56,136,40 to the Saemaul Bank account under the name of J on April 6, 2016, respectively.

Accordingly, the Defendant was given a total of KRW 124,136,400 by deceiving the victim as above.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A supply contract, resident registration, certified copy of resident registration, certificate of seal impression, account transaction statement, copy of a sales slip, and copy of a receipt;

1. A detailed statement of each account transaction;

1. A copy of the content certification, a copy of the waiver of rights, and a physical list of contractual documents;

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