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(영문) 춘천지방법원 속초지원 2021.02.03 2019고단572
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2019 Highest 572] The defendant against the victim B entered into a lease contract between the victim B and C around April 13, 2017 with a deposit of KRW 70 million and the period from May 5, 2017 to May 5, 2019, while the defendant's fraud against the victim B entered into the lease contract between the victim B and C around April 13, 2017, the lease contract between the victim B, and the victim's first priority mortgage, which is established on this house, is very serious because the victim excluded the victim from the first priority mortgage, which is more valuable than KRW 70 million. Since the victim owns several real estate within this house, the deposit for the lease contract may be refunded later.

“The purpose was to say.”

However, in fact, the Defendant was unable to repay the maximum amount of 49 million won of the claim established around June 2012, and all real estate owned by the Defendant at the time was established in several million won in which the actual value of the property was little, and there was no other fixed income or property, and the interest on the loan amount equivalent to KRW KRW 100 million was not fully repaid. Thus, even if the Defendant received the deposit from the injured party for the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit was considered

Nevertheless, the Defendant: (a) by deceiving the victim, and then deceiving the victim, KRW 60 million out of the deposit amount of KRW 70,000,000,000 shall be substituted by the deposit amount for lease of other real estate to be returned from the Defendant; (b) around April 14, 2017, the Defendant acquired the remainder of KRW 10,000,000 from the money transferred to the F account (Account Number: G) in the name of the Defendant.

[200 order 26]

2. On July 5, 2015, the criminal defendant against the victim H was found to have committed fraud in Chungcheongnam-si around July 5, 2015.

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