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(영문) 부산지방법원 동부지원 2015.11.18 2015고단1264

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant, while working as a real estate brokerage assistant, visited the victim C while working as the real estate brokerage assistant, conducts as if the victim had been delegated by the owner D of the studio where the victim resides to receive the rental deposit, etc., and received money as a security deposit and received money from the victim to use it as an existing debt repayment and travel expenses.

Accordingly, the Defendant called on April 2014, the following facts: (a) on the basis of the fact that the Defendant did not have the intent or ability to lower the monthly rent even if he received the deposit from the victim; (b) on the condition that 3 million won of the deposit and 500,000 won of the monthly rent were returned to the victim living on the condition of 3 million won of the monthly rent; and (c) on the ground that “the monthly rent of the studio at which he lives now; (d) if he remitted the additional deposit of 17 million won to a domestic designated account because he could pay less monthly rent, he shall be paid as the deposit, and the monthly rent will be lowered; and (e) he shall receive from the victim the total account of the community credit cooperatives (Account Number: E) under the name of the Defendant. < Amended by Presidential Decree No. 25334, Apr. 29, 2014; Presidential Decree No. 25300, May 21, 2014>

2. On May 29, 2014, the Defendant: (a) signed the name column of the lessor to the effect that “A lessee shall pay KRW 20 million for a lease deposit and pay KRW 250,000,000 on the 29th day of each month for a real estate lease in accordance with the form of a real estate lease agreement stored at a computer located therein without authority for the purpose of disguiseding the conclusion of a new lease agreement of KRW 20,000,000,000 in the office of “G Licensed Real Estate Agent” located in the Office of “G Licensed Real Estate Agent” in Busan Metropolitan City, Busan Metropolitan City, Daegu Metropolitan City, Daegu, for the purpose of using a disguised lease agreement of KRW 101,000,000,000,000 won; and (b) on the 29th day of each month, signed the name of the lessor and sealed the Defendant’s unmanned seal to the name and forged one copy of the real estate lease agreement in