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(영문) 수원지방법원 성남지원 2019.10.29 2019고단1631
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the owner of the apartment unit B apartment C in Suwon-si, Suwon-si.

On July 1, 2016, the Defendant concluded a lease agreement on the said apartment with the victim G at Suwon-si D Building and EF Licensed Real Estate Agent Office, and concluded a lease agreement on the said apartment with the victim G on July 1, 2016, the Defendant concluded a lease agreement to the effect that “On June 3, 2015, the Defendant concluded a lease agreement with the said apartment by reducing the maximum debt amount of KRW 220,000,000 from the maximum debt amount of KRW 220,000 and the maximum debt amount of KRW 63,60,000 with the maximum debt amount of KRW 63,60,000 established by the H bank, and the debt of KRW 48,000 with the maximum debt amount of KRW 48,00 with the maximum debt amount of KRW 220,000 established by the H bank.”

However, in fact, the Defendant did not have any intention or ability to reduce the total amount of the debt established on the said apartment by repaying the debt of the right to collateral security to KRW 50,000,000, because the Defendant thought that it will be used for living expenses, personal debt repayment, etc. even after receiving the lease deposit from

As such, the Defendant, by deceiving the victim, entered into a lease contract with the victim, and transferred KRW 29,00,000 to the I Bank Account (J) under the name of the Defendant for the same day as the down payment, under the same year.

8. 12.12. The sum total of KRW 1,00,000 received as a provisional contract deposit after being remitted KRW 270,000,000 to the same account and acquired KRW 300,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol of the police against K;

1. The police statement concerning G;

1. A complaint;

1. The apartment charter contract, receipt, certified copy of the register, text message output, deposit certificate, full certificate of registered matters, request for cooperation in investigation, response to request for cooperation in investigation, and statement of distribution;

1. The defendant's defense counsel in determining the assertion of the defense counsel to report the investigation, shall obtain the money obtained through the crime of this case from the defendant.

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