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(영문) 부산지방법원 동부지원 2018.02.07 2017고단1805
사기
Text

The defendant shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for the remaining cases in 2017 order 1805 and 2313 (Joint Cases).

Reasons

Punishment of the crime

On April 29, 2015, the Defendant was sentenced to a suspended sentence of ten months for the crime of forging an official document at the Busan District Court’s Dong Branch, etc. on October 7, 2015, and the judgment became final and conclusive on May 7, 2015. On May 17, 2017, the same court was sentenced to imprisonment with prison labor for four years (the portion concerning the crime committed before May 7, 2015) and six months (the portion concerning the crime committed after May 8, 2015) due to fraud, etc., and the judgment became final and conclusive on October 13, 2017.

On October 30, 2014, the Defendant concluded a lease agreement with the victim E in the "D Authorized Brokerage Office" located in the Busan East-gu, Busan-gu, Busan-do, on October 30, 2014, the Defendant would reduce the maximum amount of the lease deposit to KRW 113,100,000 won by immediately repaying part of the secured debt of the right to collateral security set forth in F loan 302, and return the lease deposit without delay upon the expiration of the lease term.

“The phrase “ was false.”

However, in fact, while the market price of the real estate owned by the Defendant is 2.5 million won, the obligation to return the lease deposit is 1.4 billion won, and the personal obligation is 1.934 million won, and it was difficult for the Defendant to bear the interest of the loan and living expenses. Thus, even if the Defendant received the lease deposit from the injured party, he did not have the intent or ability to pay the victim a deposit by reducing the secured obligation of the right to return the lease deposit as agreed, or by returning the lease deposit at the expiration of the normal lease term.

Nevertheless, the Defendant, by deceiving the victim as such, received from the victim, KRW 10 million as down payment from the damaged person, and KRW 60 million as the balance on November 28, 2014, from the Busan bank account in the name of the Defendant, and acquired it by fraud.

The defendant of "2017 Highest 2055" borrowed KRW 10 million from the victim G on August 2016.

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