(영문) 인천지방법원 부천지원 2015.11.18 2015고단2330

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(영문) 인천지방법원 부천지원 2015.11.18 2015고단2330

사기

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 2007, the Defendant and the victim C (the age of 42, credit) decided to jointly purchase DDa 302, Seo-gu, Incheon, Seo-gu Da 302 (hereinafter “the loan of this case”) with the internal equity ratio of 1/2. Joint acceptance of the obligation to refund the lease deposit amount of 20 million won to the lessee of the loan of this case, and the sum of 25 million won shall be paid to the existing owner of the loan of this case and purchased the loan of this case by paying 50 million won in total to the previous owner of the loan of this case. On June 5, 2007, the Defendant’s mother completed the registration of ownership on the loan of this case in the name of E under the name of the Defendant’s mother.

Upon the termination of the lease agreement with the existing lessee, the Defendant entered into a new lease agreement with the new lessee for the instant loan of KRW 40 million and received KRW 40 million from the new lessee, and used KRW 20 million, which remains after returning to the previous lessee, at will, the Defendant paid KRW 10 million to the victim out of the remainder of the lease agreement with the new lessee. After the termination of the lease agreement with the new lessee, the Defendant returned KRW 40 million to the new lessee but failed to return the lease deposit due to its shortage.

From May 201 to August 201, the Defendant discussed the above issues with the victim at the office of mutual bad-faith certified judicial scrivener, etc. around the same time. If the Defendant, at that time, takes over the Defendant’s obligation of loans of KRW 20 million borrowed from the purchase of the loan of this case to the victim, the Defendant is defective as KRW 10 million the lease deposit to be paid within the amount of KRW 40 million,000,000,000, which shall be transferred to the transferee of the registration of ownership transfer of the loan of this case.

However, the lessee shall pay the above deposit amount of KRW 40 million to the lessee, and he/she shall pay the amount of KRW 500,000 per month from February 2012 to thener.

The right to collateral security is established with respect to G apartment No. 4, 1212, which is owned by the F.

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