사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. According to the evidence submitted by the prosecutor on the grounds of appeal, the Defendant could fully recognize the fact that the Defendant, by deceiving the current status of collateral loans for the leased real estate, acquired the lease deposit from the
2. Determination
A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be acknowledged.
1) On November 30, 2010, the Defendant entered into a lease agreement between the victim and the Defendant on an apartment G 1311 Dong 702 (hereinafter “instant real estate”) with a deposit of KRW 2,50,000 (hereinafter “instant lease agreement”) regarding the Defendant’s wife F’s apartment G 131-dong 702 (hereinafter “instant real estate”).
2) On September 13, 2010, the transfer date of the instant lease agreement, the Defendant completed the registration of the transfer of ownership of the instant real estate in the name of the Defendant and his wife F, and on the same day, the registration of the establishment of the instant right was completed for each of the maximum amount of claims in the name of the Bank, 835,200,000, and 154,700,000,000 won in the name of the Bank in the name of the Sungnam-dong Saemaul Bank.
3) At the time of entering into the instant lease agreement, the Defendant did not show the copy of the registry of the instant real estate to the victim, and the victim did not verify the copy of the registry
4) The victim paid the full amount of the deposit to the Defendant by November 30, 2010, and resided in the instant real estate. On May 22, 2015, the instant real estate was sold after voluntary auction was commenced on the basis of the lower right under the name of the Bank, Korea, and the victim left the instant real estate from the instant real estate on or around March 2016 without receiving dividends in the said voluntary auction procedure.
B. In addition to the above facts of recognition, the following circumstances revealed by each of the above evidences, namely, ① the registration of ownership transfer of the real estate in the name of the defendant and the wife F, and the registration of the establishment of a lower right in the name of the bank and the Seongbuk-dong Saemaul Bank of Korea on the same date.