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(영문) 서울서부지방법원 2016.07.22 2015고단1728
사기
Text

1. Defendant A shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to six months of imprisonment for fraud, etc. at the Daejeon District Court on September 24, 2009, and the above judgment became final and conclusive on September 28, 2009. Defendant B was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on April 25, 201, and the judgment became final and conclusive on October 27, 201.

[2] The Defendants: (a) did not intend to pay the deposit money for the lease on a deposit basis in Seoul Special Metropolitan City, Nowon-gu, the Seoul Special Metropolitan City E. 503, which was Defendant B’s wife; and (b) did not intend to obtain the deposit money for the lease on a deposit basis.

around April 209, the Defendants drafted a real estate lease agreement with a lessor D, lessee A, and a deposit with a deposit of 70 million won for the said real estate at a real estate brokerage office located in Yung-dong Seoul Special Metropolitan City, Nowon-gu, in the office of credit business chain H operated by the victim G located in Gangnam-gu Seoul on May 7, 2009, and Defendant A presented the written real estate lease agreement with the victim G as if the actual claim for the return of the deposit of the deposit of the deposit of the deposit of the deposit of the real estate was located, and Defendant A provided the loan deposit of KRW 70 million with a loan of KRW 30 million with interest rate of KRW 40 million until August 7, 2009.

“Falsely speaking to the effect that “A” is false, and Defendant B issued a letter to the effect that “A shall agree to obtain a loan for the security of the deposit of this loan and, if the tenant is unable to repay the loan within three months, the tenant shall preferentially repay 40 million won without having a director.”

As a result, the Defendants conspired to deception the victim G and obtained 34,800,000 won from the injured party around that time and acquired it by fraud.

Summary of Evidence

1. Statement made by the defendant B in the sixth public trial records;

1. A protocol concerning the examination of suspect of the defendant A;

1. Statement of the police statement related to G;

1. Loan of funds for lease on a deposit basis;

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