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(영문) 광주지방법원 2016.10.27 2016고단1398

사기

Text

Defendant shall be punished by imprisonment for five months, and the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 12, 2012, the Defendant entered into a sales contract to purchase D Apartment 104 5.10 dong 5.10 in the name of the Defendant’s Dong living together, for the purchase price of KRW 80,50,000,000. On May 31, 2012, the Defendant leased the above apartment to lessee F in the lease deposit amount of KRW 75 million, and completed the registration of ownership transfer of the above apartment in the name of E on June 15, 2012.

On July 16, 2012, the Defendant made a false real estate lease contract with the purport that “the Defendant leases the above apartment house from the lessor E on July 16, 2012 to the lease deposit amount of KRW 50 million” at the real estate agent office with no knowledge of the trade name in Gwangju-gu, Gwangju-gu, the Defendant made a false statement to the effect that “The Defendant will submit a single-parent family certificate and a real estate lease contract with the aforementioned false content and use it as a deposit for the lease deposit,” and on the same day, the Defendant made a false statement to the effect that “the Defendant will use it as a deposit

However, as above, the Defendant did not rent the above apartment house from the above E, received the subsidy for the lease fund from the victim, and thought to use it as living expenses by purchasing cars and repaying the existing debts, and did not have any intention or ability to repay the subsidy for the lease fund due to the absence of any other assets.

On July 25, 2012, the Defendant, by deceiving the victim and deceiving it from the victim, received 47,50,000,000 won from the bank account in the name of the above E company bank used by the Defendant under the name of the above E as a fund for residential stability of vulnerable social groups

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of a public prosecutor, police defendant, or E;

1. Statement of the police officer G;

1. A complaint, full certificate of registered matters, apartment sales contract, apartment lease contract, apartment lease contract, certificate of house lease, statement of decision on the registration of house lease, head of Tong, single-parent family certificate, real estate lease contract, real estate lease contract, list of evidence for payment of rental deposit for the pre-existing house, 11, 14, 15, 16, and 16; and