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(영문) 의정부지방법원 2015.09.15 2015고단1684
사기
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Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 1, 2014, the Defendant concluded a lease contract with D Licensed Real Estate Agent Office at the entrance of the apartment complex in Sungsung-si, the Defendant concluded a lease contract with the victim E and the Defendant’s mother on the said C apartment 102 and 402, which is owned by the Defendant, and concluded a lease contract with the victim “ If the Defendant has increased the lease deposit amount of KRW 230,000,000 from KRW 230,000 to KRW 70,000,000,000,000 won, the increased maximum claim amount of KRW 7,000,000,000,000, which was set forth in this Agreement, to cancel the mortgage right.”

However, even if the defendant increases the deposit for the lease on apartment, he was willing to use the increased amount of KRW 70 million to pay his existing debt, and there was no intention or ability to cancel the right to collateral security established on apartment.

Ultimately, the Defendant, as seen above, was informed of the victim’s deception and then received KRW 70 million from the victim around December 13, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a bankbook;

1. Each lease contract;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine of punishment (excluding a fine imposed on the basis of the crime of injury in 2007, it shall be selected by a fine in consideration of the fact that there exists no record of criminal punishment, the transfer of ownership of the above apartment to the victim after cancelling the registration of establishment of the above apartment after cancelling the registration of establishment of the mortgage, the victim does not want the punishment of the defendant, and the fact that the eligibility for the qualification for the qualification examination of administrative agent prepared by the defendant ceases to exist

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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