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(영문) 창원지방법원 2012.10.24 2011고단400 (1)

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Joint criminal conduct against victims B;

A. In collusion with the Defendant and C, at the E Licensed Real Estate Agent Office in the operation of the Victim B located in Changwon-si, Changwon-si, Masiwon-si, Mawon-si, on September 2008, the Defendant and C requested the victim to arrange for rent of KRW 60 million in the lease deposit amount, KRW 10 million in the facility cost, KRW 10 million in the premium, and KRW 10 million in the above lease deposit amount. The Defendant and C arbitrarily paid KRW 30 million in the lease deposit amount, KRW 30 million in the name of the victim, KRW 30 million in the above lease deposit amount, and KRW 4 million in the lease deposit amount, KRW 80 million in the aggregate, KRW 30 million in the above lease deposit amount, KRW 4 million in the personal deposit account of the victim, KRW 30 million in the above lease deposit amount, KRW 4 million in the above personal deposit account at around November 5, 2008.

B. When the Defendant and C came to know of the I who was in charge of the work related to the Franchising contract of the Franchising counter, the Defendant and C conspireded to acquire money from the victim B as the name of the deposit money for the lease of commercial buildings, even though they did not have the intent or ability to arrange the lease

On November 19, 2008, the Defendant and C, at the office of the above E Licensed Real Estate Agent, told the victim to arrange the lease of the above store by stating, “If there is another store in F commercial building, it may obtain a lot of profits if a funeral is performed.” On November 27, 2008, the Defendant and C received from the victim the lease deposit money for the second floor of F commercial building in the bank account in Gyeongnamnam Bank, the amount of KRW 30 million, facility cost, KRW 10 million, KRW 20 million, KRW 300,000,000, KRW 300,000,000, KRW 300,000,000, KRW 500,000,000, KRW 10,000,000, KRW 500,000,000,00 won, and KRW 168,000.

(c) alter or alter private documents; and