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(영문) 수원지방법원 2018.01.11 2017고단7846
사기등
Text

The defendant is sentenced to 1-B, 3, and 6-2 of the judgment of the court below for the crime No. 1-A, 2, 4, and 5 of the judgment.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of two years on April 6, 2012 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the support of the Sugwon of Sugwon, and the judgment became final and conclusive on April 14, 2012, and on December 4, 2014, the Defendant was sentenced to a suspended sentence of two years for fraud at the Sugwon Ggwon of Sugwon, who was sentenced to a suspended sentence of eight months for fraud, and the judgment became final and conclusive on the 12th of the same month.

[Criminal Facts]

1. Crimes related to victims D;

A. On June 2010, the Defendant: (a) arranged a lease agreement with the victim D who visited the F Authorized Brokerage Office located in E in Silung-si around 2010 with respect to the lease of the G apartment Nos. 8 and 505 in Silung-si; (b) prepared a contract with the owner of the house He delegated all the authority for the lease contract; and (c) paid the deposit money of KRW 42 million to Na.

“A false statement” was made.

However, in fact, the defendant did not have been delegated by H to conclude a pre-tax contract, and the above price was thought to be used to repay the existing debt, and thus, there was no intention or ability to proceed with the pre-tax contract even if he received the deposit from the injured party.

Nevertheless, the Defendant received 42 million won as deposit money from the injured party, i.e., the Defendant received from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

B. On June 14, 2012, the Defendant entered “H” in the column for indication of real estate in the real estate lease form using a computer for the purpose of uttering at the office of the above certified brokerage office, and entered “Y” in the column for indication of real estate in the form of real estate in the real estate lease contract for the purpose of uttering at the office of the above certified brokerage office, and entered “Y” in the column for indication of real estate in the form of real estate in the contract; “5,00,000 won in the guarantee deposit; KRW 5,00 in the deposit; KRW 13,200 in the payment period; KRW 5,00 in the payment period; KRW 20 in the payment period;

H The seal affixed the H-name seal, as if it was duly formed to D without knowledge of the fact.

Accordingly, the defendant is related to the rights and obligations.

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