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(영문) 대구지방법원 서부지원 2017.10.26 2016고단2756
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2017, the Defendant was sentenced to a suspended sentence of two years, etc. for criminal fraud at the Daegu District Court on April 25, 2017.

6.2 The judgment became final and conclusive.

The Defendant of the 2016 Highest 2756, on April 20, 2016, on the front side of the D Building in Daegu-gu, Daegu-gu, Seoul-gu, and on April 20, 2016, “The Defendant owns 201.

The original term is 150,000,000 won for the lease on a deposit basis, but the term "a contract is entered into at least 80,000,000 won due to a fall short of the contract," and the victim prepared a real estate lease contract.

However, the above D Building 201 does not own the defendant, and even if the defendant receives money as a security deposit from the injured party, he did not have the intention or ability to transfer it to the injured party.

The Defendant, as such, by deceiving the victim, was given KRW 40 million to the account in the name of the Defendant on the same day under the pretext of a deposit contract from the victim.

On April 13, 2015, the Defendant purchased from F the amount of KRW 182,00,000,000, the maximum amount of the mortgage of KRW 182,000 from Nam-gu, Daegu-gu Ella 605 around April 13, 2015, and completed the registration of the transfer of ownership in the name of his/her father and G around the same day after the Defendant agreed to succeed to the right to collateral.

On April 27, 2015, the Defendant concluded a lease agreement with the victim J on the part of the I real estate located in Daegu-gu, Daegu-si, and then terminated the remainder of the 50 million won out of the right to collateral security at present and terminated the remainder of the 20 million won if the remainder is paid.

“The phrase “ was false.”

However, in fact, the Defendant thought to use the security deposit received from the damaged party in Daegu K and L at the construction site, the loan in construction has not been completed, and it was difficult to receive the construction cost from the owner, and even if he receives the security deposit from the damaged party while paying the loan amount equivalent to KRW 15 million in installments.

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