사기미수등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding the facts) is as follows: (a) the Defendant entered into a genuine lease agreement with the F and G respectively with respect to the housing located in Nam-gu Incheon Metropolitan City (hereinafter “instant housing”); and (b) the said lessee actually received the deposit for lease from the said lessee; and (c) F and G actually resided in the instant housing.
2. Determination
A. According to the following circumstances, the court below and the court below comprehensively adopted and examined evidence, the defendant attempted to interfere with fair auction by reporting a right as a lessee and demanding a distribution, and to acquire dividends, even though the defendant did not have a genuine tenant with the claim to return each lease deposit in the auction proceedings of the Incheon District Court E and H, Incheon District Court E and H, in collusion with F, G, and even though F and G were not the genuine tenant.
Recognized.
① On January 3, 2008, the Defendant leased part of the instant housing (one story 2 partitions, one kitchen 1 K, and one toilet 1 K) to F, KRW 20 million (payment of KRW 10,500,000 in the event of a contract and payment of the remainder of the deposit up to December 30, 208) and the term of the lease from January 5, 2008 to January 5, 2010. Accordingly, the Defendant received KRW 950,000 on January 5, 2008, KRW 50,000 as the leased deposit, and the remainder was divided into several occasions and paid in installments. < Amended by Presidential Decree No. 20694, Jul. 4, 2008; Presidential Decree No. 20680, Dec. 30, 200; Presidential Decree No. 20688, Jan. 5, 2008>
The argument is asserted.
However, on July 4, 2008, 4 million won of the check was deposited into the Defendant’s account in the name of P, there is no objective evidence to acknowledge it, and it is difficult to find out that the lease deposit was paid in installments on several occasions in ordinary lease transactions.
② On October 20, 2005, the Defendant: (a) leased part of the instant housing (one story, one kitchen, one kitchen, one toilet); (b) a deposit of KRW 10,000,000 (the remainder of the down payment of KRW 1,00,000,000 and nine million shall be paid as prepared); (c) a monthly rent of KRW 150,000; and (d) from February 2006 to February 2008, the lease period of KRW 10,000,000 as the lease deposit; and accordingly, (e) received payment in cash of KRW 7,90,00,000 from October 20, 2005; and (e) received the lease deposit of KRW 1,79,00,000 from October 15, 2007.