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(영문) 전주지방법원 2016.08.30 2016고정402

사기미수

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

Around April 11, 2005, the Defendant entered into a lease agreement with a mother, a limited liability company (hereinafter referred to as “self-construction”) and with respect to the lease No. 710 (hereinafter referred to as “the apartment of this case”) of the Kujin-gu Seoul Special Metropolitan City (hereinafter referred to as “the apartment of this case”), with a lease deposit of KRW 22,00,000,000, and two years from the contract date, and paid the above lease deposit to the Do New Construction, and completed the move-in report on May 24, 2015 upon delivery of the apartment of this case from the Do New Construction, and completed the move-in report around May 24, 2015 with the former Special Metropolitan City District Court No. 1644.

On the other hand, on February 28, 2006, the victim E purchased the apartment of this case from 37,500,000 won, and the down payment of KRW 3,500,000 shall be paid on February 28, 2006, and the intermediate payment of KRW 22,00,000 shall be paid on March 28, 2006, respectively, and the remaining amount of KRW 12,00,000 shall be paid on March 28, 200, to substitute the payment by the person who suffered damage to the secured debt of the right to collateral security established on the apartment of this case, and on March 8, 2006, the registration of ownership transfer was completed in the name of the victim of the apartment of this case.

In addition, on March 10, 2006, the Defendant delivered the instant apartment to the victim with C, and received all of the above lease deposits from the victim or the friendly construction around that time.

In doing so, on November 30, 201, the Defendant asserted that “A, in collusion with C, failed to receive the refund of KRW 22,00,000,000 from the person who succeeded to the status of the lessor of the instant apartment,” and that C was the Plaintiff and the Defendant was sentenced to partial winning judgment on January 29, 2014 (No. 3909, group 201) by filing a lawsuit claiming the return of the deposit for lease against the victim, but the Defendant filed a lawsuit even if all of the deposits were received from the injured party during the appellate trial proceeding that was proceeded with the victim’s appeal, it was revealed that the lawsuit was filed on July 23, 2015 (2014Na2092) and became final and conclusive on August 12, 2015 after having been sentenced to the entire judgment against the Plaintiff (2014Na2092).

Accordingly, the defendant deceiving the Jeonju District Court.