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(영문) 인천지방법원 2016.01.14 2015고단4679
사기
Text

Defendant

A Imprisonment with prison labor for five months, for six months, for each of six months.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Presumption Facts] During the process of mediating real estate without a certified real estate agent or a brokerage assistant, E proposed that “it shall be disposed of in excess of auction after concluding a lease agreement corresponding to a small-sum lease deposit if the ownership of the real estate was actually transferred with a certain amount of money,” and that “E would be by means of making the lessee dispose of the real estate after concluding a lease agreement corresponding to the small-sum lease deposit.” In addition to the interests of each owner of the real estate who agreed to do so, as if he/she were to enter into a normal lease agreement with the lessor, he/she shall obtain the lease deposit by deceiving the lessee as if he/she was aware of the above circumstances, and F, as a certified real estate agent, conspired in order to prepare a contract so that the lease agreement can be concluded, and receive KRW 300,000,000,000,000,000

[Criminal facts]

1. On January 31, 201, Defendant B purchased No. 301 of the 3th, Seo-gu Incheon Metropolitan City 4-dong, G 4, and received loans of KRW 1250 million from the Gun Industry Cooperatives, and on the same day, Defendant B created a right to collateral security of KRW 162,500,000 against the above loan from the Gun Industry Cooperatives. Around September 2012, the other debt amounted to KRW 10,000,000, and around September 2012, the interest on the above loan was difficult to pay for the interest on the loan. It was proposed that Defendant B paid KRW 14,00,000,000 if you were to conclude a lease contract from E, which was known to sell the above real estate.

In accordance with the above proposal, the Defendant: (a) delegated the right to enter into a lease agreement for the lending of the lending to E; and (b) around September 10, 2012, the Defendant: (c) concluded a lease agreement with the Defendant to the victim K at the J real estate office operated by F in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

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