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(영문) 인천지방법원 2019.07.24 2018고단2126
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around July 30, 2014, the Defendant entered into a lease agreement with the victim D, E, to KRW 100,000,000 for the rental deposit, KRW 500,000 for the monthly rent from July 30, 2014 to July 30, 2016, and received KRW 49,50,00 from the F Bank Co., Ltd. on or around May 6, 2015, the Defendant established a collateral pledge for the limited amount of KRW 59,40,00 out of the above rental deposit, and thereafter, the Defendant completed the procedures for establishing the collateral of the F Bank.

At around 10:00 on August 18, 2016, the Defendant received the refund of the lease deposit from H office located in Nam-gu Incheon Metropolitan City, Nam-gu, and the Defendant should not refund KRW 59.4 million out of the lease deposit due to the establishment of the lease deposit. However, the Defendant received all the remainder of the lease deposit including KRW 59.4 million from the injured couple who did not properly recognize it.

However, in fact, the defendant should receive only the amount of KRW 59,400,000,000,000, which has been paid when the lease deposit is refunded due to the termination of the above apartment lease contract, after the defendant had a duty to notify the injured party of the fact that only the amount of KRW 100,000,000,00,000, which has been paid, should have been able to receive from the injured party.

The Defendant is the victim.

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