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(영문) 인천지방법원 부천지원 2013.12.19 2013고단2965
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 30, 2010, the Defendant, with the trade name of “D Licensed Real Estate Agent Office” in Mapo-gu Seoul, arranged for the Victim E to purchase KRW 146 million in total from the seller G to purchase KRW 402,000,000,000,000,000 from the seller, and accordingly, the victim paid the seller G the down payment of KRW 15 million in total and the intermediate payment of KRW 121 million in remainder.

1. On April 4, 2011, at the real estate brokerage office of the Defendant’s management, the defrauded made a false statement to the effect that “The Plaintiff would pay the remainder of KRW 121 million to the seller G for the F building” to the buyer at the real estate brokerage office of the Defendant’s management, and that the Plaintiff would pay KRW 20 million to the seller G for the remainder of the remainder by arranging the monthly rent contract of KRW 20 million for the above F building and KRW 650 million for the monthly rent contract of KRW 20,000,000,000 which the Plaintiff received from the buyer and later to the buyer G for the remainder of the remainder of the remainder.”

However, the Defendant entered into a charter contract, not a monthly charter contract, on the said F building, and appropriated the remainder of the purchase price of the said victim for the payment of the remainder of the purchase price. As such, even if the Defendant received KRW 1 million from the victim as the remainder of the purchase price, the Defendant did not intend to pay the remainder of the loan on behalf of the victim, even if he received the remainder of KRW 10 million from the victim.

On April 29, 201, the Defendant received KRW 11 million from the victim as a check, and delivered KRW 41 million among them to G, and acquired the remainder KRW 60 million by defrauded.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. Around April 4, 2011, the Defendant forged a private document with the lessee’s lease of KRW 80 million for lease on a deposit basis with the lessee at the real estate office operated by the Defendant.

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