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(영문) 서울중앙지방법원 2011.02.24 2009고합1531
특정경제범죄가중처벌등에관한법률위반(사기) 등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

Ⅰ. Summary of the facts charged of this case 【2009Gohap1531】

1. The Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) entered into a lease contract with the victim F in the capacity of the agent of E, the nominal owner of the D building 2, Dong 104 (hereinafter “D building 104”) of Gangnam-gu Seoul Metropolitan Government (hereinafter “D building 104”), and completed the registration of the establishment of chonsegwon in the name of the victim on or around October 2, 2006.

Around January 2008, the Defendant received the request from the victim of the foregoing house, etc. to “I am able to get the deposit for lease on a deposit basis,” and made a false statement to the effect that “I am able to get the deposit for lease on a deposit basis, E, the owner of the house, has no money. Therefore, if I am to refund the deposit for lease on a deposit basis, I am am able to get the loan from the bank. I would like to cancel the registration for lease on a deposit basis. I would be able to get the deposit for lease on a deposit basis by receiving the loan after cancelling the registration for lease on a deposit basis.”

However, in fact, E, the title holder of the above house, was the Defendant’s trial money, and the owner of the above apartment was the Defendant, and the Defendant returned documents necessary for the cancellation of the registration of the right to lease on a deposit basis as above and thought to lend the above house to another person by means of selling the above house after cancelling the registration. As stated in the victim’s statement, the Defendant did not want to obtain a loan from the bank after cancelling the above registration, and all the horses were merely dancing to receive documents necessary for the cancellation of the right to lease on a deposit basis by deceiving the victim.

The defendant deceivings the victim as above, and is in the vicinity of Gangnam-gu Seoul, Seoul around February 2008.

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