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(영문) 청주지방법원 2016.05.19 2015고단83
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall pay 75 million won to the applicant C, and 8.0 million won to the applicant D.

Reasons

Punishment of the crime

around April 3, 2012, the Defendant purchased 480,000,000 won from E to 48,000,000 won of the purchase price. 45 million won of the purchase price was paid to E in cash. The remainder of 435 million won was 75,000,000 won of the lease deposit of C, who is the lessee with priority right after filing a move-in report on the building and having confirmed the date of the move-in report, the victim’s lease deposit amount was 75,00,000 won, 70,000,000,000 won of the victim H, 110,000,000 won of the lease deposit of 26,5,000,000 won of the tenant, and 10,000,000 won of the lease deposit and the repayment of the lease deposit of 26,5,000,000 won of the building E, which was purchased from the cooperative for loan transfer of ownership.

In this regard, the above I does not have the funds to purchase, and the bank should receive the loans, and in order to obtain the additional loans as security, the lessee's right to preferential repayment for the lease deposit has to be nonexistent.

Accordingly, even if the defendant had the victims move to another place in his domicile and received a loan by taking the above building as security, the victims did not have the intent or ability to immediately return the rent deposit to the victims, and even if I had the victims receive the loan from the bank, it was thought that the defendant would have recovered the expenses incurred from the loan, the defendant would find several times in the house of the above victims located in the So-gu, Chungcheongnam-gu, Chungcheongnam-gu. around September 2012, and return the lease deposit against the victims after receiving the loan from the victims as security.

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