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(영문) 인천지방법원 부천지원 2013.12.11 2012고단2136
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

In around 205, the Defendant purchased unauthorized buildings, such as stables, warehouses, etc. located within the zone C district of the Housing Redevelopment Improvement Project for Bupyeong-si, and purchased buildings under the name of "the opening of a building" in which several households equipped with the structure of school kitchens were remodeled into housing with several repair costs, and purchased buildings under the name of J, etc. in order to sell them to others at a higher price exceeding 3-5 times the purchase price of the above unauthorized building, and sell them to others at a higher price exceeding 3-5 times as much as the purchase price of the above unauthorized building. In short, the Defendant sold a large amount of profits by using a device, and bought buildings under the name of J, etc., each of which was possessed by the former.

Therefore, around June 8, 2006, the defendant stated to the effect that "If the defendant purchases one kitchen, one kitchen of an unauthorized building located in the zone subject to the redevelopment project for housing in the zone C zone, many people can become a redevelopment partner and can obtain the right to occupy the redevelopment apartment, and it is possible to obtain the right to purchase a equal number of houses more than the area actually purchased, because they can obtain the right to purchase the apartment."

However, the owner of a divided unauthorized building could not obtain the right to move into the redevelopment association or the construction project because he/she is not recognized as a redevelopment member.

On June 8, 2006, the Defendant: (a) by deceiving the victim as above; (b) concluded a real estate sales contract with the victim on the side of an unauthorized building D located in Seocheon-gu, Seocheon-gu, Seocheon-gu, with a view to selling 23.53 square meters in price to 42 million won; and (c) remitted KRW 10 million from the victim to the Defendant’s account; (d) received 32 million won as a check; and (e) acquired 42 million won in total from that time until July 22, 2008.

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