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(영문) 서울북부지방법원 2017.01.25 2016고단4003
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around July 8, 2015 to 302 of the Seoul Jung-gu Seoul Central District Court (hereinafter “the instant real estate”), which is jointly owned by Da and Dabu E, delegated the right to lease of the instant real estate, and requested Ha to rent the instant real estate at the H A certified brokerage office located in Jung-gu Seoul Central District Office, Jung-gu, Seoul, to grant the lease of the instant real estate, and “The instant real estate has a joint collateral security right of KRW 52,65 million with the maximum amount of the claim, but the actual debt is KRW 5,00-70 to 7,000,000,000,000,000 won, so that the Defendant would be fully paid the leased deposit. As such, the Defendant requested the lessee to seek for the lease.

Accordingly, on August 28, 2015, the above I mediated the real estate lease of KRW 2220 million to the victim J in the above H A’s office, “The right to collateral security established in 302 is expected to be repaid and cancelled in full as the deposit for the deposit for the deposit for the deposit for the deposit for the deposit for the lease,” and it was transferred from the victim to the Agricultural Cooperative account in the name of D under the pretext of the deposit for the lease for the lease.

After that, on September 2, 2015, the Defendant made a false statement that “If he/she pays any balance on October 12, 2015, the Defendant would have taken occupancy in the first priority status after repaying and cancelling the full amount of the claim for the establishment of joint collateral security list from the maximum amount of KRW 526,50,000 to the amount of the claim for the establishment of joint collateral security list at KRW 522,00,00,000.” On October 2, 2015, the Defendant received from the damaged person to the same account as the down payment, and he/she made a false statement that “if he/she transfers the balance of KRW 40,000,000 to the victim, he/she would cancel the collateral security right” to the victim on October 2, 2015, the Defendant applied for the registration of the remainder from the damaged person on the pretext of intermediate payment to the victim on October 8, 2015, and repaid the remainder from the public account on October 12, 200, 2015.

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