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(영문) 의정부지방법원 고양지원 2014.06.13 2013고단1908

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of the E Apartment 102 Dong 105 at the time of the sports strike.

The defendant, around May 25, 201, sold G2 apartment units from the State F, a sale agent around May 25, 201 to KRW 398,857,000, but the remainder of the sale price, excluding the down payment of KRW 5,00,000 paid on the same day, is the same year.

6. The payment should be made by the end of 17. The plan was planned to obtain additional loans as security for the above apartment to prepare the sale price, and actually the same year.

6. Around 14.14. Around February 24, 2011, a loan of KRW 85,000,000 was granted from the damage insurance for the damage of the Republic of Korea, and at the same time cancellation of the said mortgage by repaying the loan obligations of the Bank of Korea, which is the collateral obligation of the Bank of Korea established on February 24, 2010, and around June 14, 2011, the said mortgage amount was set up against the damage insurance for the damage of the Republic of Korea, which is the maximum debt amount of KRW 102,00,000,000. On May 201, 2011, the market price of the said E-Attachment 1st apartment was the maximum debt amount of KRW 13

Nevertheless, the Defendant, around May 27, 201, concluded a lease agreement with the victim H and the above E Apartment with an agreement of KRW 50,000,000 on the deposit for the lease on a deposit basis, without notifying the victim of the creation of a new collateral security by receiving an additional loan, which is a circumstance that may hamper the securing of the victim's deposit for lease, and thereby, did not notify the fact that a new collateral security is created. Accordingly, the Defendant is 2,00,000 won from the victim as the down payment on the same day

6. 22. The recipient received KRW 48,000,000 as a balance and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement (third time);

1. Each legal statement of H and I;

1. A protocol concerning the examination of the accused by the prosecution;

1. (Real Estate Lease Contract Prepared by Complainant and Defendant)

1. (A certified copy of the register issued by the complainant upon contact with the real estate office);

1. KB real estate and a live announcement machine;

1. Application of Acts and subordinate statutes governing real estate sale and advertisement;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (generally, the choice of imprisonment);

1. As to Article 62(1) of the Criminal Act, deceptions shall be made;