(영문) 인천지방법원 2014.10.23 2014고단1673

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(영문) 인천지방법원 2014.10.23 2014고단1673

사기등

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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2014 Highest 1673]

1. Around September 20, 2010, the Defendant concluded a false statement with the purport that “AD Licensed Real Estate Agent Office” office operated by the Defendant in Nam-gu Incheon Metropolitan City, and that “A victim G who wishes to enter into a lease contract with respect to F building 402, Nam-gu, Incheon, Nam-gu, Incheon, under its ownership, entered into a lease deposit contract with KRW 35 million with respect to loans from E, and was delegated with the authority to receive the said deposit.”

However, at the time, the defendant was delegated with the authority to conclude a monthly rent contract from the above E, and even if he was paid KRW 35 million from the victim, he did not deliver it to E, and he was thought to be used individually, and there was no intention or ability to allow the victim to conclude a monthly rent contract between E and the victim.

The Defendant received KRW 500,000 as the down payment around September 20, 2010, and KRW 34.5 million as the remainder of the rental deposit around October 7, 2010, respectively, from the victim on September 20, 201.

Accordingly, the defendant was given a total of KRW 35 million by deceiving the victim.

2. On October 20, 2010, the Defendant: (a) concluded a lease agreement on the above loan with the owner under subparagraph 402 of the F Building 402, Nam-gu, Incheon; and (b) did not have been delegated the authority to receive the deposit; (c) concluded a lease agreement on the loan with G with the lessee, setting the deposit amount of KRW 35 million; and (d) signed a lease agreement with the lessee, setting the lease term of two years; and (e) signed the lease agreement with the lessor’s address prepared in advance by using a computer, the Defendant signed the lease agreement on the loan loan with the lessee, and signed the lease agreement with the lessor’s address column of the lease agreement prepared in advance using a computer, stating the “I” and the “E” in the resident number column, and affixed a seal affixed with the name “E” in advance.

This is about the rights and duties of the defendant for the purpose of exercising.

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