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(영문) 서울동부지방법원 2021.03.18 2020고단2164

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 4, 2019, the Defendant entered into a lease agreement with the victim B, the Seoul Gwangjin-gu Seoul Special Metropolitan City, and the defendant, and the defendant, as to the victim C and D located in Gwangjin-gu, Seoul Special Metropolitan City, and the defendant, that “If the victim fully pays the lease deposit amount of KRW 280 million, the trust registration of the above building D registered in trust in the future of the E company is to be immediately cancelled, and the lessor stated in the real estate lease agreement that “the lessor will cancel the trust registration at the same time as the remainder.”

However, at the time, the Defendant had a financial obligation of KRW 20 million or more, and the right to lease was established due to the failure to refund the deposit money to the lessee of the commercial building owned by the Defendant. In this case, the building was constructed by lending KRW 1.06 billion in the name of the Defendant due to the loan of KRW 1.06 billion in the name of the Defendant, which was not a loan, and the construction was made by making an additional loan of KRW 1.06 billion in the name of the Plaintiff, but the said F’s payment of bank obligations, such as interest, was not repaid at all times, and it was the intention to preferentially use the said F’s payment of personal obligations, such as the cancellation of the seizure of the above benefit account from the victim’s deposit, and there was no intention or ability to cancel the registration

Nevertheless, the defendant deceivings the victim and is subject to such deception for the same year as deposit money from the damaged person.

4. 20.5 million won, and the same year.

5.4.19 million won, and the same year;

5. 9.4 million won, and the same year;

6.3. 250 million won, including the sum of KRW 280,000,000,000, were obtained and acquired through deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to file a complaint (including attached documents), investigative reports (G replys), investigation reports (additional investigation-statements of persons in charge of trust companies of trust contracts, and news reports of similar cases);

1. Article 347 of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Criminal Act select a sentence (the choice of imprisonment).