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(영문) 수원지방법원 성남지원 2018.07.20 2018고단1051
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2015, the Defendant made a false statement to the victim C, within the non-permanent certified judicial scrivener office located in Seongdong-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, and the victim C, stating, “The victim’s land and the third floor house and the house with the third floor above the land and the house with the inside and the “Ysan-si E and 204”, which are owned by the victim, that the tenant of KRW 350,000,000 per month may obtain monthly income in the building owned by the Gu, because the tenant of KRW 10,000,000 per month is living.”

However, in fact, since the tenant who resides in the building owned by the defendant had the right to return the deposit amount of KRW 42 million without paying a monthly rent, even if concluding the exchange contract with the victim, the victim could not obtain monthly income and rather would have the obligation to return the lease deposit amount of KRW 42 million under the lease contract. If the victim knew of such fact, the defendant had already known that the victim would not enter into the exchange contract.

The Defendant, by deceiving the victim and deceiving the victim, acquired the victim's land and the above-mentioned three-story housing and female houses with a considerable amount of the market value of KRW 70 million from the victim's damage.

2. On December 11, 2015, the Defendant, within the business territory of Seongdong-gu, Seongdong-gu, Seongdong-gu, Sungnam-gu, in order to exchange “J Ha-dong J 203” in the name of the victim “J Ha-dong 203” and “J Da-dong 200,000,000 won in the name of the victim and his father-dong,” the Defendant could obtain monthly income from the building under the name of his/her father-dong 30,000 won.

The reason for the payment of the tax amount is that the tax amount shall be paid on a monthly basis from the revenue to the revenue.

In fact, the tenant who resides in the building owned by the defendant does not bear monthly rent but has the right to return the deposit amount of 49 million won.

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