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(영문) 대전지방법원 천안지원 2019.10.11 2018고단1273

사기등

Text

Defendant

A Imprisonment with prison labor for two years and for six months, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

around July 7, 2016, Defendant A made a false statement to the effect that “A” in the D Licensed Real Estate Agent Office located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon Metropolitan Government, through a licensed real estate agent E, “The fourth floor H of the G apartment of 35 million won, monthly rent of 300,000 won, monthly rent of 300,000 won, and from August 12, 2016 to August 12, 2018. A trust in the certified copy of the register made a false statement to the effect that “A” is leased as a management trust, and this apartment is believed to be safe and trusted.”

However, in fact, the above apartment is not a management trust, but a security trust with I around March 14, 2014, and the defendant A could not enter into a lease contract at will without the consent of the trust company and the J union. The defendant A entered into a contract without notifying the victim of the fact that even if he/she entered into a lease contract at will, he/she could not claim the validity of the lease contract without notifying the trust company, etc. Therefore, even if he/she receives the deposit from the victim, he/she did not have the intention or ability to

Nevertheless, Defendant A, as seen above, had the victim enticed, and had the victim delivered KRW 35 million to the L Association account in the name of K as a security deposit around August 12, 2016.

Defendant B, on June 15, 2017, sentenced the Seoul Southern District Court to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the said judgment became final and conclusive on June 23, 2017.

【Criminal Facts】

Defendant

A is an operator of N, who built G apartment O-dong or G apartment P-dong in the Dong-gu, Nam-gu, Chungcheongnam-gu, Seoul. While the construction cost was not fully paid to the construction business operator, Defendant B, etc., who was in charge of the construction of the above G apartment, Defendant B, etc., the said construction business operator had been voluntarily auctioned due to O-dong, Daejeon District Court Support R, S, etc. around January 2017.