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(영문) 수원지방법원 2016.12.08 2015고단5019
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant pays 100 million won to the applicant for compensation by fraud.

Reasons

Punishment of the crime

1. On January 3, 2012, the Defendant entered into a lease agreement with the victim B at the D Licensed Real Estate Agent Office located in Suwon-gu, Suwon-si, Suwon-si, with the content that the deposit amount of KRW 113 million is up to February 10, 2014 for the deposit amount of KRW 13,00,000,000 in Suwon-gu, Suwon-si, Suwon-si, the Defendant’s fatherwon-si, and for the deposit of KRW 1012,00 in Suwon-gu, Suwon-gu, the Defendant signed a lease agreement with the victim B, and the lease agreement with the Defendant for the deposit of KRW 130,000,000 in total, which is established as of November 8, 2011, to ensure that there is no problem with the deposit amount for the deposit for the lease.”

However, even if the defendant receives the money for lease on a deposit basis, the defendant did not have the intention or ability to cancel the right to collateral security in the name of the Saemaul Bank.

As above, the Defendant, by deceiving the victim as above, received 12 million won as down payment from the victim, under the pretext of the down payment on January 3, 2012, and the same year.

2. 10.5 million won, and the same year.

2. The recipient received the balance of KRW 50 million and acquired the sum of KRW 113 million in total.

2. On February 19, 2014, the Defendant: (a) from G real estate G in the name of Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, the Defendant: (b) stated that “When the lease period has expired on February 10, 2014; (c) the lease period has been extended to KRW 5 million as the lease deposit, the lease period shall be extended to two years again; and (d) did not mean that the right to collateral security was not cancelled under the name of the Korea Saemaul Bank.”

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim under the pretext of increasing the deposit money prior to the same day, and acquired it by deception.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. A copy of the lease contract for apartments, and the application of the statutes in the certified copy of the register of 13th floor;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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