사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
【Criminal Power】 On June 12, 2020, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on September 26, 2020.
Since there is no disadvantage to the defendant's defense, the confirmation of the above judgment (refer to the output of the results of the search of the Konet case which is bound to the trial records) ex officio without any changes in the indictment is recognized as a criminal offense in the latter part of Article 37
【Criminal Facts】 around November 7, 2013, the Defendant is the “real estate of this case” under the Seo-gu Incheon Metropolitan Government building No. C.
A lease agreement with a victim D was concluded between December 20, 2013 and December 19, 2015 with a security deposit of KRW 24 months from December 20, 2013, and the security deposit of KRW 70,000,000 regarding this case, but it was impossible to return the security deposit to the victim after the expiration of the above lease term.
Accordingly, on March 16, 2018, in a lawsuit claiming the return of the lease deposit filed by the victim against the defendant, conciliation was concluded with the purport that "the defendant shall pay the victim a total of KRW 73,00,000,000,000, for the lease deposit and consolation money." Accordingly, the final settlement protocol was based on the above final settlement protocol, and the decision to commence compulsory auction was rendered on the real estate of this case as owned by the defendant and the
On December 17, 2018, the Defendant made a false statement to the effect that “Around December 17, 2018, the Defendant would return KRW 73,000,000,000 to the victim, including the deposit for lease on a deposit basis and consolation money, for the withdrawal of the auction. First, the Defendant may sell or purchase the real estate to be withdrawn from the auction, bringing the lessee into another tenant, and complete the lease deposit with the money.”
However, even if the victim has withdrawn the above application for compulsory auction, the defendant did not have any intention or ability to pay the sum of KRW 73,000,000 to the victim.
Nevertheless, the defendant deceivings the victim as above and let the victim do so. The defendant applies for a compulsory auction on January 22, 2019 and February 25, 2019.