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(영문) 수원지방법원 평택지원 2014.06.19 2013고단1648
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for five months;

2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On January 8, 2010, the Defendant: (a) concluded a contract on behalf of the victim F with respect to the lease of Pyeongtaek-si apartment 101 Dong 406 (hereinafter the instant apartment) owned by the Defendant at the D Licensed Real Estate Agent Office located in Pyeongtaek-si Co., Ltd. (hereinafter the “instant apartment”) on behalf of the victim F; (b) on January 8, 2010, the Defendant concluded a contract on behalf of the victim F; (c) “The Defendant would register the lease deposit with the maximum amount of KRW 60 million reduced to KRW 36 million by partially repaying the loan if the lease deposit is paid; (d) the Defendant paid the lease deposit to the lessee even if receiving the lease deposit from the victim; and (e) the Defendant did not have any intent or ability to perform the promise because it did not have any money to use to reduce the maximum amount of the right to collateral security; (e) by deceiving the victim on January 8, 2010; and (e) obtained the remainder of the lease deposit from the victim and then received the remainder KRW 5 million.

2. On April 201, 201, the Defendant called the victim F at a non-place on or around April 2011, and registered the reduced maximum debt amount of the existing right to collateral security with the leased deposit. The Defendant transferred the resident registration domicile to another place in a bank with low interest rate of 36 million won as the borrower tried to change the reduced maximum debt amount to a bank with low interest rate. In fact, the Defendant did not have reduced the maximum debt amount of the existing right to collateral security. In short, the Defendant did not have any fact that the victim had transferred the resident registration domicile to another place and lost the opposing power as to the deposit for lease, the Defendant purpose was to establish a new senior senior mortgage with increased maximum debt amount by using the victim’s deception and let the victim move the resident registration domicile to H on April 12, 2011.

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