(영문) 의정부지방법원 고양지원 2017.11.17 2017고단830

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(영문) 의정부지방법원 고양지원 2017.11.17 2017고단830

사기미수

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On May 27, 2015, the Defendant leased KRW 401,00,000,000,000, and the term of the lease from June 5, 2015 to February 4, 2017, the Defendant decided to purchase a new house with E in de facto marriage relation, while residing in the instant house, and paid part of the purchase price, such as the down payment for the new house, to E.

On August 8, 2016, the Defendant: (a) received a request for the remaining purchase price, living expenses, etc. from E for a new house from E; (b) upon expiration of the lease term of the instant house, the Defendant would receive in advance a refund of KRW 15 million out of the deposit amount to be refunded from the injured party; (c) “A person shall delegate the advance payment of KRW 15 million out of the guarantee amount to E”; and (d) issued a letter of delegation to E; and (e) E received in advance payment of KRW 15 million out of the deposit amount from the injured party by using the said letter of delegation.

On the other hand, the Defendant purchased a new house to the victim and said that the Defendant would move out from the new house before the expiration of the lease term of this case. On October 7, 2016, the victim entered into a lease agreement with a new lessee on this house, and on November 28, 2016, the new lessee entered into the lease agreement with the new lessee.

On November 2016, the Defendant asserted that E was given KRW 15 million, regardless of himself/herself, and that he/she was given advance payment of KRW 70 million,00,000,000,000 to E by preparing a power of attorney to E, and that he/she was paid KRW 15,00,000,000,000,000,000,000 to E, and that the victim received KRW 15,00,000 on behalf of the Defendant.

Although there is no delegated fact, the victim attempted to defraud the total amount of KRW 15 million from the injured party by falsely concluding that the deposit of KRW 70 million is to be returned, it is not possible for the injured party to refuse it.

유사 판례

-부산지방법원 2013.02.06 2012고단9357

-서울중앙지방법원 2016.06.21 2016고정976

-대구지방법원 2013.06.21 2012노4179

-인천지방법원 2016.04.27 2015나16675

-의정부지방법원고양지원 2016.03.30 2015가단80785