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(영문) 인천지방법원 2013.09.24 2013고단1828

사기

Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendants are married couple.

On June 14, 2010, the Defendants entered into a contract with the victim H to lease KRW 130,000,000, G apartment 110, 103 (hereinafter “instant real estate”) registered in the name of Defendant A at the office of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Although the value of the above real estate was approximately KRW 400 million at the time, the establishment registration of a mortgage over the maximum debt amount of KRW 322,00,000,000, the maximum debt amount of KRW 14,000,000, the maximum debt amount of KRW 28,000,000, and the Defendants did not have any other specific property, the Defendants concluded a special agreement to repay the principal debt of the above collateral and register a reduction (hereinafter “special agreement”) with the Defendants, on the ground that the Defendants could not recover the lease deposit because there was no other property.

However, even if the Defendants received the lease deposit from the victim, the Defendants did not have the intent or ability to register the establishment registration of the collateral in accordance with the special agreement.

The Defendants conspired to induce the victims as above and received 13,00,000,000 won from the victims as the deposit money for lease on the same day, and received 117,000,000 won on July 21, 2010 from the victims.

Summary of Evidence

1. Each legal statement of the witness H and I;

1. Each prosecutor's interrogation protocol against the Defendants

1. A criminal investigation report (Submission of a register, a sales contract, etc.);

1. Application of the Acts and subordinate statutes to a copy of the apartment charter contract, and a certificate of registration history;

1. According to the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, and each evidence of the grounds for conviction of imprisonment with prison labor, each of the aforementioned grounds for conviction, the Defendants’ following the following facts: (i) the Defendants, upon receipt of a lease deposit, have a plan to change the mortgagee into the first financial right; and (ii) at the time of concluding the instant lease agreement