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(영문) 수원지방법원 2018.04.24 2017고단7101

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

[criminal records] On June 21, 2017, the Defendant was sentenced to imprisonment for 10 months with prison labor for fraud in the support of Suwon Friwon, and the sentence was finalized on the 29th of the same month on the 29th of the same month. On June 29, 2017, the Defendant was sentenced to imprisonment for one year and eight months with prison labor for fraud, etc. at Suwon Friwon Friwon, and was sentenced to imprisonment for the same year.

7.7 The above judgment was finalized.

[2] On October 10, 2012, the Defendant purchased Nos. 3 and 101 of the YYY-gu, Ansan-si, the Defendant purchased it in the name of D, and subsequently, was the actual owner who established a mortgage with the maximum amount of KRW 27,60,000 on the above real estate after obtaining a loan from a national bank in the name of D on November 2, 2012.

On February 4, 2014, the Defendant, at an authorized brokerage office of Ansan-si E and F. 104, concluded that “50,000,000 won is a deposit for full-time lease, and at the same time, the Defendant’s return of the deposit would not be concerned with the return of the deposit,” with the victim G who did not have determined mind about the conclusion of the lease contract due to the establishment of the right to collateral security in F. F. 101.”

However, in the process of purchasing multi-households, the Defendant was liable for financial rights equivalent to KRW 800 million by forging a mother-and-child monthly rental contract and receiving loans from financial rights. Since financial resources such as employees’ monthly pay and retirement allowances, etc. are not good, even if the Defendant received deposit from the injured party, he did not have the ability to use it for other debt repayment, etc., and to cancel the said mortgage or mortgage security.

The Defendant acquired 50,000,000 won in total from the injured party under the name of the head of passbook, etc. on February 4, 2014; 35,000,000 won in the same month; and 5,000,000 won in the same month; and 9,500,000 won in the same month; and 50,000 won in the name of deposit money.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G.