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(영문) 서울남부지방법원 2017.09.26 2016고단2756

사기

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date of the pronouncement of this judgment.

Reasons

Punishment of the crime

On June 20, 2012, the Defendant was operated by her husband D by the Defendant, who is under subparagraph B building C at the time of Gyeonggi-do, Gyeonggi-do.

At the E office, “The G Apartment H (hereinafter “instant real estate”) established a lease agreement on October 30, 2008 with the Korea Land and Housing Corporation and the rental period in the name of 10 years in the case of the Gyeonggi Housing, which is a public rental apartment (hereinafter “instant real estate”) on the part of the victim F.

I is residing in the Gyeonggi-do and the workplace is nearby the Sungnam-si, and therefore the conditions for the transfer of the right of lease prescribed in the Rental Housing Act are met, so it is possible to obtain the consent of the lessee from the Korea Land and Housing Corporation within three months, and if the lease is maintained for the next five years, it can be sold at a lower price of 70 to 80% of the current tax.

“A false statement” was made.

However, the above I did not have actually resided as a lessee of the instant real estate, and was not present at the time when they were in the workplace in the aftermath of the game. Therefore, even if the victim purchased the right of lease on the instant real estate, he did not have the intention or ability to change the name of the lessee as agreed to by the victim.

As such, the Defendant, by deceiving the victim, had the victim prepare a written contract for the sale and purchase of the right to lease of the instant real estate with I around June 25, 2012, and then transferred total of KRW 20 million as the contract deposit from the victim on the same day, KRW 25 million as the intermediate payment around July 2, 2012, KRW 25 million as the intermediate payment around August 6, 2012, and KRW 63 million as the remainder payment around August 6, 2012, to the agricultural bank account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of a witness I;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a detailed statement of real estate sale and purchase contract, a statement of performance of responsibility, a statement of transfer and takeover, a standard lease contract, and money sent to A;

1. Criminal facts;