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(영문) 수원지방법원 안양지원 2015.07.23 2014고단1871

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant and the victim C have been aware of the fact that they were living in middle and high schools for a long time, and the defendant, a licensed real estate agent, has accumulated trust by mediating the victims' real estate transactions, lease contracts, etc.

1. Around November 2, 2012, the Defendant arranged a contract to lease the F apartment 320 dong 102 (hereinafter “F apartment”) to G in militaryposi-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, the victim’s ownership.

At the same place on the same day, the Defendant received KRW 4 million from G on behalf of the victim, and continuously embezzled the remainder of KRW 588 million out of the rental deposit 100 million of the above real estate from G to the Defendant’s single bank account (Account Number:H) on behalf of the victim at around December 26, 200, the Defendant received KRW 63 million in total from G to the Defendant’s single bank account on behalf of the victim. At around that time, the Defendant used it for personal purposes, such as the Defendant’s living expenses and the repayment of the Defendant’s debts, etc.

2. On November 2012, the defrauded knew that if the victim leased a F apartment owned by him/her as above, he/she needs to reside in the above E-real estate, the Defendant presented the victim’s first lease agreement stated as follows: “A apartment that he/she has set up in Gunpo-si, J apartment 203 Dong 1704 (hereinafter “J apartment”) located in Gunpo-si, Gunpo-si, and the amount of KRW 55 million per month, and KRW 300,000,000 per month, the Defendant would be able to enter into such contract if he/she transfers the deposit to the lender.” The Defendant presented the victim’s first lease agreement as “I, lessee C (victim), deposit amount of KRW 500,000,000,000 won, monthly rent of KRW 300,000,000, and on November 29, 2012.”

However, the above J apartment had already been concluded on November 2, 2012 on condition that the Defendant entered into a lease agreement on the condition that deposit of KRW 15 million and monthly rent of KRW 700,000,000 on the lessee as the lessee.