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(영문) 광주지방법원 장흥지원 2018.05.31 2018고단22
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal records] On November 25, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Suwon Giwon, and the judgment became final and conclusive on December 3 of the same year.

[2] The defendant is a broker who operates "D real estate" in Osan City, and E is willing to sublease the above apartment as a substantial lessee of the rental apartment of 511 dong 604, Osan City, Osan-si, to acquire the security deposit.

On March 4, 2013, the Defendant entered into a lease agreement with the victim G on the above D real estate with the above F51-604, with a deposit amount of KRW 90 million for the above F51-604, and with the lease term of two years, the Defendant made a false statement to the victim that “The leased apartment is not able to sublet the leased apartment originally, but the other persons are also able to sublet it from the original lessee, and the deposit is returned at the time of the eviction, without any problem, and the monthly rent for the payment to the Korea Land & Housing Corporation will be paid by H, the actual owner of the house.”

However, in fact, H entered into a LH Corporation and Lease Agreement on the above apartment, but around October 201, through I, transferred the above apartment to E through I, and the actual lessee of the above apartment is E. In order to receive the above deposit, it was designed to prevent the return of the deposit that can only be paid to the victim from the new revenue to receive the deposit. The deposit paid by the victim was paid to the relocating resident, and E did not have the intent or ability to return the deposit paid by the victim. The defendant did not have any particular property and income at the time, and even if he received the money as the deposit from the damaged person under the pretext of the deposit, he did not have any intention or ability to return it without any problem

Nevertheless, the defendant deceivings the victim and is under the name of the defendant on March 19, 2013 for cash 10 million won from the victim, as the contract deposit, and on April 26, 2013, under the name of the part payment.

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