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(영문) 의정부지방법원 고양지원 2013.08.22 2013고단481

사기

Text

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

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

The Defendant returned the rental deposit to D, a lessee of the Dongducheon-si, C Apartment 406 Dong 401, which was owned by the Defendant under his name, and paid the amount of KRW 45 million out of the deposit amount to KRW 60 million as the deposit deposit to be newly leased and received from the victim E because there is no specific property other than the above apartment, and the remainder of KRW 15 million was agreed to establish the collateral security right in the above apartment in the name of D to secure this.

Nevertheless, on June 30, 2010, the defendant agreed with the victim about KRW 45 million and agreed on a new lease agreement with the above apartment, and did not notify the fact that a new mortgage, which may hinder the securing of the victim's security deposit, is scheduled to be established additionally, and it did not inform the victim of the fact that a new mortgage is scheduled to be established additionally, which may hinder the securing of the victim's security deposit. This year is 4.5 million won from

7. The payment was received in the form of a balance of KRW 40,50,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. According to the distribution schedule concerning apartment buildings on which the reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are stated in the criminal facts submitted by the defense counsel, it can be acknowledged that the victim and D have received dividends in the same order (it is because D's registration of creation of collateral security and the fixed date of the victim's lease agreement was made on August 2, 2010). The victim's 24,191,266 won for the victim, and 8,063,755 won for D are distributed to D. Thus, if the circumstance is so, the actual amount of damage suffered by the victim by the establishment of collateral security right can be deemed as KRW 8,063,755 won for the victim's establishment of collateral security right to D. However, according to the records, the victim was not related to the recognition of guilty of the criminal facts of this case, but on July 30, 2010 after concluding a lease agreement on June 30, 2010.