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(영문) 서울남부지방법원 2014.08.18 2014고정724

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around February 26, 2011, the Defendant expressed that the Victim F, introduced by the “D Licensed Real Estate Agent Office” of 104, Seongbuk-gu, Sungnam-si, Seoul Metropolitan City, had the right of lease on the “Hnonoby Bank” located in G G in Yangcheon-gu, Seoul, as if the Defendant had the right of lease, and that the Defendant would exchange the Victim’s ownership on 302, and the right of lease on the said Hnoby Bank (a security deposit, KRW 10 million, KRW 30 million), the right of lease (a security deposit, KRW 1404, KRW 10 million), and KRW 90,000,000 in cash.

However, on February 201, the Defendant did not have a legitimate right of lease against the Honode bank and did not have a right of lease 100 million won which can be refunded from the lessor in relation to the right of lease. Therefore, even if the Defendant acquired the ownership of the above I loan 302 from the victim, he did not have the intent or ability to transfer the right of lease against the above Hnonode bank to the victim.

The Defendant, by deceiving the victim as such, entered into an exchange contract with the victim for the above contents, and then, on March 2, 201, entered into an exchange contract with the victim, and resided from the victim until December 31, 201 of the same year, thereby deceiving the victim with pecuniary benefits equivalent to the above IF loan fee.

2. The Defendant attempted fraud: (a) in collusion with E on April 201, the Defendant: (b) drafted a commercial monthly rent contract with the false content that “The owner of the above Hono Bank shall lease the above real estate at KRW 100 million to the Defendant on May 21, 2010; (c) dispatched the said contract to the Defendant with content certification on June 7, 2011; and (d) exercised the right against the Defendant by the victim on June 7, 2011; (c) the Seoul Central District Court rendered a lawsuit against the Defendant, “the Defendant shall deliver the above I loan No. 302 to the Defendant”; and (d) on November 2, 2011, the Defendant paid the Defendant KRW 30 million and interest thereon.”