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(영문) 서울동부지방법원 2015.12.09 2015고정1405
사기
Text

Defendant shall be punished by a fine of KRW 4,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of Gwangjin-gu Seoul Special Metropolitan City C Building 202.

On March 3, 2014, the Defendant made a false statement to the effect that “E real estate” located in Gwangjin-gu Seoul Special Metropolitan City, “The mortgagee is Hansan Agricultural Cooperatives, the maximum debt amount of which is 175,000,000 won, and the establishment registration of a neighboring mortgage is completed with respect to the above house.” However, if the Defendant made a lease contract with the party and the lease deposit amount of KRW 145,00,000 with respect to the above house, the Defendant would reduce the maximum debt amount of the said establishment registration to KRW 40,00,000 by October 1, 2014.”

However, even if the Defendant received money from the victim, he did not have the intent or ability to register the maximum debt amount of the establishment registration of the above neighboring housing with the said money.

Nevertheless, around March 3, 2014, the Defendant, by deceiving the victim as above, received KRW 15,000,000 as the down payment of the lease deposit for the above house, as well as KRW 130,00,000 as the remainder payment, around May 9, 2014.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. The police statement concerning G;

1. A complaint;

1. Lease contract;

1. Application of Acts and subordinate statutes to certificate all registered matters;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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