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(영문) 울산지방법원 2017.02.09 2016고단3266

사기

Text

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

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

Reasons

Punishment of the crime

On April 21, 2016, the Defendant concluded a lease agreement with the victim C (V, 28 years of age) and the lease period to the victim C (5 million won) on the fourth 8 household of the building located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, with the maximum amount of KRW 49.5 million on the building, and the actual remaining amount is KRW 315 million on the part of other tenants and KRW 73,000,000 on the ground that the total amount of the deposit for the lease was KRW 73,000,000 on the fourth 4th 73,000,000 won on the building owned by the Defendant. The Defendant concluded a lease agreement with the victim with the maximum amount of the deposit for the lease as KRW 45 million on the building.

However, it is true that the total amount of the deposit for the lease of the existing tenants was KRW 340 million, and the amount of the deposit for the lease of the previous tenants was KRW 150 million.5 million, in addition to the loan of KRW 1.5 million, the total amount of the personal debt of the defendant, including the credit card company, and the total amount of the debt of the financial institutions, such as the credit card company, is about KRW 560 million, and the total amount of the defendant's personal debt is about KRW 826 million. The defendant was notified by the Saemaul Treasury of the fact that he was unable to repay the debt to the Saemaul Treasury, and even if he was paid the deposit from the damaged person, he did not have any intention or ability to return the deposit for the lease after the expiration of the lease term.

The defendant, under the pretext of deposit money from the damaged person, shall account in the name of the defendant on the 21st day of the same month as the deposit money, and the amount of KRW 3 million on the 22th day of the same month and the same year.

5.1. Around 1.30,000 won was transferred to the Agricultural Cooperative Account (H) in the name of the Defendant, etc. total of KRW 45,5030,000.

As a result, the Defendant, by deceiving the victim and receiving property (the fact that the obligation to be guaranteed to the Saemaul Bank of Korea, as stated in the facts charged, was a KRW 32.5 million even though it was a KRW 32.5 million, deceiving the victim as to the amount of KRW 31.5 million.