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(영문) 의정부지방법원 2015.11.23 2015고정2231
사기
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 20, 2014, the Defendant: (a) transferred a claim against KRW 39 million to the Savings Bank (hereinafter “Deposit Bank”) among the deposit deposit for commercial buildings 60 million in Gangnam-gu Seoul, Seoul, 112, and (b) delegated the right to notify the transfer to the Savings Bank; and (c) on the same day, the Savings Bank transferred the deposit to C, a lessor, a deposit bank, the amount of KRW 39 million after deducting public charges, management expenses, etc. from the deposit for lease when arranging the place of business, and then, at the same time, received the credit transfer notice and notice to C, that “in relation to the refund remaining after deducting public charges, management expenses, etc. from the deposit for lease, it shall be confirmed and returned to us, and at that time, the Defendant received the credit transfer notice and notice. As such, the Defendant did not have any right to the balance remaining after deducting the loan repaid from the amount of KRW 39 million which

Defendant for the same year

7. Around 31.31. Around 31, C became aware that C was not informed D of the fact that C received the notice of assignment of claims from the Savings Bank while participating in a comprehensive succession to the lessor’s status while trading the above commercial building to D.

On August 16, 2014, the Defendant terminated the above lease contract at the E Licensed Real Estate Agent Office located in the above commercial building, and took the attitude as if he had the authority to receive part of the claim to return the lease deposit from the victim D, who is aware of the fact that part of the claim to return the lease deposit was transferred. In other words, the Defendant received 26,787,308 won, which was the balance after the Defendant deducted the loan repaid by the victim from the third nine million won notified of the transfer of

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written complaint and C statement;

1. Application of statutes to a peremptory notice, notice of assignment of each assignment, monthly rent contract for commercial buildings, sales contract for commercial buildings, and certificate of transfer of deposit;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. The Criminal Act for the detention of a workhouse;

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