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(영문) 수원지방법원 안양지원 2014.04.30 2013고단1742

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is the owner of the second-class housing located in Ansan-gu Mayang-gu C.

On November 19, 2011, the Defendant leased the two-story 57.6 square meters of the above housing owned by the Defendant to the victim F for a lease period of two years, deposit money of 75 million won.

The defendant's wife G is 45 million won and 100 million won and 25 million won and 20 million won and the defendant's mother and her mother live in the house, so the total amount of the total debt of the house is 45 million won and the secured debt of the right to collateral security is 100 million won and 100 million won.

After stating the purport that the total deposit amount of the lease contract is KRW 45 million in the form of legal relationship of the lease contract, the defendant affixed his seal on the column of the lessee and the legal relationship of the lease contract.

However, in fact, the total amount of lease deposit with respect to the above house was 125 million won in total, and the defendant had no ability to repay 100 million won as financial standing has aggravated to the extent that capital gains tax of million won has already been unpaid.

As above, the Defendant received 75 million won from the victim as the deposit for lease on November 23, 201.

Summary of Evidence

1. The police statement of H;

1. A complaint;

1. Application of Acts and subordinate statutes to the exclusive house lease contract;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of crime not only once a fine due to sound driving, and the fact that the victim received dividends of not less than 74 million won in the auction procedure);