(영문) 대전지방법원 2018.11.16 2017고단4687

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(영문) 대전지방법원 2018.11.16 2017고단4687

사기

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

Reasons

Punishment of the crime

On September 13, 2015, the Defendant entered into a lease agreement with the victim D and the defendant in the office of a certified broker in Daejeon Dong-gu, Daejeon E-family house F, Daejeon, which is owned by the Defendant. On September 13, 2015, G employees of the above certified broker G were 420 million won (the maximum amount of claims KRW 546 million) of the secured debt amount of the right to collateral security established in the above multi-family house for the victim, and was heard from the next point when explaining that the total amount of the deposit amount of the above tenants is KRW 280 million.

However, in fact, the sum of the deposit money of the tenants of the above multi-family house was KRW 730 million, and the aggregate of KRW 420 million in the secured debt of the right to collateral security was exceeded KRW 1155 million, which is more than KRW 1140 million at the time of the above multi-family house, and thus, even if they were to receive the deposit from the victims, they could not be secured at the above multi-family house price, and even if they were to have been aware that the aggregate of the deposit was erroneous, they did not notify the victims thereof.

As such, the Defendant, by deceiving the victim, received 3.5 million won from the victim, under the name of the deposit money, and 66.5 million won from the victim to the H bank account in the name of the suspect, respectively, and acquired 70 million won in total from the victim.

Summary of Evidence

1. Each legal statement of the witness D, I, G, and J;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. A prosecutorial statement of the defendant;

1. Some statements made to the accused in the police interrogation protocol (including the cross-examination);

1. Each police statement made in relation to G or D;

1. A complaint filed in D;

1. Investigation report (to hear statements by complainants);

1. A charter contract, etc. and a charter contract (the defendant and his defense counsel are not true to ask the victim, an authorized broker and his employee to the defendant the total sum of the deposits of the building in this case, and the employees G refer to the amount of deposits of the building in this case to the victim in the presence of the defendant.

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