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(영문) 인천지방법원 2017.11.09 2017고단4032

사기미수

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around January 2012, the Defendant was a person who was engaged in the wintering of the Victim C and the Seo-gu Incheon Metropolitan Government D Building 302, 303, 304, and 305.

The Defendant asked the victim to prepare and request a false lease agreement to raise investment funds, and accordingly, the said victim drafted a false lease agreement stating that “The Defendant leased the F house of Incheon Bupyeong-gu from E (the spouse of the victim) to KRW 8 million, monthly rent of KRW 4 million, and up to March 25, 2014.”

When the Defendant invested in partner money but did not recover it, he raised a civil lawsuit based on a false lease contract and received the deposit, etc. from the above victim and victim E through the court, and received it by fraud.

On February 17, 2016, the Defendant submitted to the public service center of the Incheon District District Court, which is located in the Nam-gu Incheon District Court, a complaint of “the details of the Plaintiff (the Defendants) claiming the return of the lease deposit against the victims.”

The purpose of the above complaint was that "the plaintiff leased the house of Bupyeong-gu Incheon in March 24, 2012 from the defendant, but did not reside as the victim's rejection of the request, so the plaintiff returned 14 million won, such as the deposit, etc., and the compensation for the damage was paid because the plaintiff had resided in another place due to his refusal of the request."

However, it was well known that the Defendant paid 14 million won to the victim C with a loan and did not have a deposit, etc. for the lease of the said house, and the Defendant did not have paid the real lease contract and the deposit money with the victims, and the said lease contract was made false for the purpose of financing.

Nevertheless, the defendant is above the above complaint attached to a false lease agreement.