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(영문) 청주지방법원 2020.11.19 2020고정379
사기미수등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant was a person who leased the Cheongju-si B Housing C (hereinafter referred to as the “instant housing”) and the victim D was a former owner of the instant housing.

1. Around July 19, 2011, the Defendant attempted to commit fraud: (a) concluded a lease contract with the term “G real estate” of F operation in Cheongju-si located in Cheongju-si; (b) concluded a lease contract with H, the husband of the said D, who made a false statement as to the said D’s husband according to F’s brokerage; and (c) with the term of lease from August 29, 201 to August 28, 2013; (b) paid KRW 7 million as the contract deposit on the same day; and (c) paid KRW 58 million as the remainder on the same day on August 29, 201; and (d) resided in the instant house after having entered into the contract, and there was no confirmation as to whether D or D paid the right of representation to H at the time of paying the lease deposit.

The Defendant sent a certificate to the effect that he/she would request D to refund the lease deposit between March 2013 and July 2013. However, around September 2013, the Defendant asked D to the effect that D did not first leased the instant house from D, and that D would notify D of the said purport through the content certification, and that “the details of the passbook transaction, etc. that can verify the payment of the lease deposit and the lease deposit,” and the Defendant was willing to proceed with the lawsuit against D to return the lease deposit.

Around April 3, 2015, the Defendant issued a lease deposit after entering into a lease agreement on the instant housing until August 28, 2013, and notified the rejection of renewal on July 8, 2013, the period of lease expires, stating that “The Defendant did not return the deposit after the period of lease expires.”

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