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(영문) 창원지방법원 2015.12.24 2015고단1058

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Of the facts charged in the instant case, the fraud against the victim D is acquitted.

Reasons

Criminal facts

around July 29, 2013, the Defendant filed an application for registration of the establishment of chonsegwon with respect to the area of 76 square meters (201 square meters) on the second floor of the foregoing multi-household housing as collateral for loans borrowed from F in the course of constructing a multi-household housing in Kimhae-si, Kimhae-si. < Amended by Presidential Decree No. 23548, Jul. 29, 2013>

Nevertheless, as the defendant had experienced financial difficulties while constructing the above multi-household housing, he tried to conceal the registration application for the establishment of a right to lease on a deposit basis with the victim G by hiding the above fact and concluding a lease contract with the victim.

On July 30, 2013, according to the above plan, the Defendant concluded a lease agreement with the victim to set forth 201 of the said multi-household housing units at the International Licensed Real Estate Agent Office in Kimhae-si, Kimhae-si, with the victim 75 million won, and did not notify the establishment of the right to lease on a deposit basis.

The Defendant received KRW 10 million from the victim as the down payment on the same day, and received KRW 65 million as the remainder payment on August 4, 2013.

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

The Defendant is a person who runs a construction business under the trade name of "K Construction" at the J of Kimhae-si, Kimhae-si.

Around November 2010, the Defendant recommended the victim M& who was working for a restaurant operated by the Defendant’s wife as an employee, that “A house may be located without any loan from a bank and with the deposit received from a house lessee may be paid.” The Defendant purchased the land owned by the Korea Land Corporation and got the victim to borrow the land as a collateral, received the payment for the construction cost incurred from the loan, etc. from the victim and got the victim to use the land as a collateral, and the victim completed the registration of ownership preservation in the name of the victim on the said house around October 7, 201.

After that, the defendant is the victim.