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(영문) 창원지방법원 통영지원 2020.04.08 2019고단964
사기
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

Reasons

Punishment of the crime

The revised criminal facts are recognized as identical to the facts charged and recognized within the extent that there is no substantial disadvantage in the defendants' exercise of their rights to defense.

The Defendants have jointly purchased the "D" multi-family house in C at the time of macroscam and registered in the name of the Defendant A, and have engaged in studio rental business by managing the above building together.

1. On September 7, 2016, the Defendants: (a) provided the “D Building E” tenant F of the former lessee of the “D building,” the lease term of which expires; (b) in the situation where it is difficult for the Defendants to seek new tenants due to the depression of shipbuilding games, the Defendants conspired with the victims to falsely notify the status of the lease deposit of the former lessee when it is difficult to faithfully notify the victims G of the status of the lease deposit to the lessee of the lease deposit.

On September 7, 2016, the Defendants concluded a lease agreement with the victim on the “D Building E” in the “J Licensed Real Estate Agent Office” located in H building I on September 7, 2016, and entered the victim into a lease agreement with the victim on the “D Building E,” with the purport that “The D Building is a building with approximately KRW 1 billion, which is a building with approximately KRW 492 billion, and there is a right to collateral security of KRW 492 million, and the existing lessee’s deposit is KRW 275 million, and there is no problem to refund the future lease deposit.” The Defendants falsely entered the fact that the existing lessee’s deposit amount is KRW 275 million in the documents on the “current status of occupancy in D Building” presented by the Licensed Real Estate Agent K.

However, at the time of fact, the lease deposit that the existing lessee of the “D building” is entitled to receive from the Defendants was not KRW 275 million but KRW 575 million.

As above, the Defendants deceiving the victim and deceiving him from the victim.

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