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(영문) 광주지방법원 해남지원 2017.10.12 2017고단137
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 1, 2009, the Defendant entered into a lease agreement with the victim C and the Defendant, with the lease deposit of KRW 65 million, from December 21, 2009 to December 21, 201, with the lease deposit of KRW 65 million, and from December 21, 2009 to December 21, 201, and the victim began to reside in the building of this case from December 21, 2009, after completing the move-in report on December 31, 2009, and after receiving on August 19, 2010, acquired the right to receive the lease deposit in preference to the priority security right.

On March 201, the Defendant made a false statement to the effect that “The Defendant cancelled the first priority collective security set forth in D 102, 302, and 302, thereby making the victim’s right of lease in the order of first priority, and changed the resident registration to D 102, 202, and 202.”

However, in fact, the Defendant, as if the lessee did not reside in the instant building, requested the change of the resident registration to obtain a loan from a financial institution, but did not have the intent or ability to create the victim's right of lease in the first order. Moreover, the Defendant did not have a certain occupation and did not have the right of lease. Therefore, the Defendant did not have the ability to return the lease deposit to the victim.

On March 24, 2011, the Defendant had the victim move his resident registration to D Mandom 102,202. On March 29, 2011, the Defendant borrowed KRW 1,500,000,000 from the point south of the Dong-gu, Incheon, Dong-gu, Dong-gu, Dong-gu, and established a right to collateral security (hereinafter “the act of establishing the instant right to collateral security”) with respect to the instant building in the name of the Offshore Fisheries Cooperative (hereinafter “the act of establishing the instant right to collateral security”). Accordingly, the Defendant deceivings the victim.

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