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(영문) 대전지방법원 2014.09.18 2014고단2524
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 5, 2011, the Defendant was sentenced to four months of imprisonment for fraud in the Jinwon District Court's Jinju branch, and completed the execution of the sentence in the Changwon Prison on April 8, 2011.

1. On May 21, 2013, the Defendant concluded a lease contract with the victim L and the above building 402 in Seo-gu Daejeon, Seo-gu, Daejeon, and concluded a lease contract with the victim on a deposit basis, and the victim “it is possible to pay a deposit for lease on a deposit basis to deduct the house in Busan, but the remainder of the contract is insufficient to exceed 17 million won and the loan should be obtained. First of all, if the right of lease on a deposit basis is established, the Defendant made a false statement to the effect that the amount obtained by subtracting the Busan house and

However, the defendant was planned to use the right of lease on a deposit basis established by the victim as a collateral to the lending company, and there was no specific property and there was no intention or ability to pay the above deposit money to the victim.

Ultimately, the Defendant deceptioned the victim L, and caused the victim to obtain pecuniary benefits equivalent to the above deposit money by having the Defendant (No. 402) as the person having chonsegwon, and the person having chonsegwon registered the lease on a deposit basis with the Defendant as the person having chonsegwon on May 27, 2013.

2. Around May 27, 2013, the Defendant made a false statement to the victim O of the N office located in Daejeon M and 603, stating that “A person has a right to collateral security (right to collateral security), who wishes to obtain a loan to establish a right to collateral security (right to collateral security). A certified judicial scrivener is confirmed by himself/herself and he/she also received documents from the owner of the right to collateral security (right to collateral security).”

However, as in the above paragraph (1), the Defendant did not have paid 40 million won to the owner of the house who was the owner of the house, and did not have established the right of lease on a deposit basis by deceiving L, which was about 15 million won at the time, and there was no intention or ability to repay the loan to the victim because there was no particular property.

Ultimately, the Defendant deceivings the victim as above, and thereby, KRW 15,809,00 on the same day from the victim to the Agricultural Cooperative (P) account under the name of the Defendant.

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