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(영문) 서울중앙지방법원 2017.07.07 2016고단7853
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant is the E’s wife, the owner of a multi-household D’s multi-household D’ in Seoul Special Metropolitan City, the Seoul Special Metropolitan City, and entered into a lease agreement on behalf of E with the “G Official Brokerage Office” office located in Seoul Special Metropolitan City, Nowon-gu, on January 25, 2014, to determine and lease KRW 210,000,00 of the lease deposit for the victim H and the third floor of the multi-household D’s housing as the leased deposit amount of KRW 210,00,000.

“......”

However, with respect to the above multi-family housing at the time, not only the right to collateral security was established in the name of the National Bank, but also the lease deposit amount of the prior lessee was 800,000,000,000 won in total, but also the market price of the above multi-family housing was 1,095,309,760 won in addition to the above loan obligation to the National Bank. In addition, the Defendant and E have failed to pay the interest under the condition that they could not be repaid even if they were disposed of in addition to the above loan obligation to the National Bank. Thus, even if they received the deposit from the damaged person, there was no intention or ability to return the leased deposit.

As such, the Defendant, by deceiving the victim and deceiving him as such, KRW 2,00,000 on the same day as the down payment for the lease deposit from the victim, and KRW 19,00,000 on the 27th of the same month, and under the remaining terms of the lease deposit, shall be the same year.

2. Around 24.24. Around 189,000,000 won received each remittance from a national bank account under the name of E to obtain a total of KRW 210,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the defendant by the prosecution concerning the suspect interrogation protocol (including H part of the statement);

1. Statement in the police interrogation protocol concerning E;

1. Statement made to H in the police statement protocol;

1. To enter each of the documents to be attached to the contract, etc., the details of deposit and withdrawal, and the distribution table; and

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