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(영문) 대전지방법원 천안지원 2018.10.11 2017고단2071

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant became aware of the fact that the Gangseo-gu Seoul Metropolitan Government Etel No. 1007 (hereinafter “the instant officetel”) came out of auction property while performing real estate brokerage business in the “D Authorized Broker Office” located in Gangnam-gu Seoul Metropolitan Government.

When the Defendant was unable to receive a successful bid in the name of the Defendant due to lack of any revenue and bad credit standing, the Defendant was willing to receive a successful bid in the name of F. On June 7, 2011, the Defendant received a loan of approximately KRW 136,50,000 from the Saemaul Treasury as collateral for the instant officetel, which was held by the Defendant under the name of F, and approximately KRW 100,000,000 of the actual loan amount.

A total of KRW 3,00,000,000 was awarded the instant officetel for approximately KRW 1,30,000.

On August 8, 2011, the Defendant concluded that “Around August 2011, the Defendant would allow the victim G, who was found in the above office to identify the leased property of the real estate, to live at a lease agreement upon the payment of the deposit for the deposit for the deposit, and to receive the deposit without a mold when leaving the office.”

However, at that time, the defendant did not have any particular property or income and received the deposit from the victim for the purpose of personal living expenses even if he did not use it for the purpose of living expenses, and there was no intention or ability to return the deposit.

Nevertheless, the Defendant, as seen above, was remitted from August 13, 201 to August 28, 201, the sum of KRW 80 million from around August 13, 2011 to the victim as a deposit money.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. A protocol concerning the examination of each police suspect against F and H;

1. Statement of the police statement related to G;

1. A complaint, lease contract, written confirmation, or written judgment;

1. A certified copy of register;

1. A criminal investigation report (Submission of a detailed statement of suspect transactions), investigation report (Submission of a suspect's additional transaction details);

1. Application of Acts and subordinate statutes on account transactions;

1. The pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, and the sentencing of imprisonment.