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(영문) 인천지방법원 2018.06.11 2018고단2410
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was actually owned under the name of Seo-gu, Incheon, Seo-gu, 305 Dong 201, around November 7, 2013.

Around February 12, 2015, the Defendant entered into a lease contract with the victim H as of March 9, 2015 with the former deposit amount of KRW 160,000,000, and the former lease period of KRW 150,000, and the former lease period of KRW 10,000 at the G Official Brokerage Office located in Incheon, Seo-gu, Incheon, and 102. The Defendant requested the victim to the effect that “it would be possible to refund the said apartment at a lower rate than the present one.” The Defendant’s request to the effect that “The current claim amount of KRW 298,88,00,00 on the certified copy of the registry is to be refunded at a higher rate of KRW 60% on the current bond or at a later sale price,” and the victim received the date of the move-in report around March 9, 2015, which moved into the above apartment around March 9, 2015.

The Defendant’s correction is made in December 2, 2015, as it is obvious that the Defendant is a clerical error in writing, on December 2, 2016, as stated in the indictment written on December 2, 2015.

It is expected that a loaner will return to a bank with low interest as the first special agreement is now made to the victim at a non-place.

In the event of a person having a right to lease on a deposit basis, it was false to the effect that he/she would not be able to make a substitute refund, so that he/she would have re-transfered.

However, unlike the initial special agreement, the Defendant: (a) transferred the ownership of the above apartment between the victim and the above apartment that the victim transferred from the above apartment, as if I first purchased the above apartment at a lower price; and (b) applied for a loan as if there is no person having preferential right to lease on the above apartment and applied for a loan and repaid the existing loan in excess of 60% of the first selling price; and (c) was a plan to use the remainder for personal debt repayment.

The defendant deceivings the victim as above and caused the victim to move from the above apartment around December 11, 2015, and unlike the initial special agreement, I would first sell the ownership of the above apartment around December 14 of the same year.

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