(영문) 서울서부지방법원 2015.12.10 2015고정526

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(영문) 서울서부지방법원 2015.12.10 2015고정526

사기

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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant paid 75 million won to the victim a lease deposit for a detached house in Eunpyeong-gu Seoul Metropolitan Government, which is owned by the victim C, and leased from July 16, 201 to July 16, 2013.

On December 22, 2011, the Defendant received a loan of KRW 29 million from the Han Capital Co., Ltd., and transferred the lease deposit claim of KRW 75 million, which he/she held with the said victim, for the purpose of security to the Han Capital Co., Ltd., and notified the victim of the fact of transfer on or around December 27, 201, and did not pay the above loan by the end of the said lease contract. Thus, the Defendant did not have the right to receive the above lease deposit from the victim because he/she did not have the right to receive the refund.

Nevertheless, on July 20, 2013, the Defendant: (a) requested the return of the lease deposit to the victim; (b) requested the victim to return the lease deposit; and (c) requested the victim to inquire about the fact of the transfer of the above credit; and (d) decided that the Defendant was the obligee of the right to return the lease deposit by receiving a refund of the lease deposit deposit that was transferred from the Han Capital Capital Co. Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. (hereinafter

The Defendant received 75 million won from the victim as the lease deposit.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The defendant and the defense counsel of the police statement of C (including attached documents) of the defendant and the defendant denies the crime that the defendant had no intention to commit the crime of deception without deceiving the victim. However, according to each of the above evidence, the fact that the defendant concealed the fact of the repayment of the loan to the victim and was authorized to receive the lease deposit as if the defendant had the right to receive the lease deposit. The transfer contract and the transfer contract prepared by the defendant with the Han Capital

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