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(영문) 대구지방법원 2014.05.29 2014고정827
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 7, 2009, at the C Licensed Real Estate Agent Office located in Nam-gu, Daegu, Daegu, the Defendant stated that “The Defendant would rent KRW 106 of the lease deposit of KRW 30 million from February 13, 2009 to February 12, 2010, the Defendant would rent KRW 450 million from February 13, 2009 to KRW 30 million for the lease deposit of KRW 140,000,000 for the lease deposit of KRW 10,000,000 to the prior owner of the right, and thus, the Defendant could return the lease deposit later.”

However, in fact, the Defendant was in the status of 385 million won for the lease deposit with the 8 prior lessee who has priority over the above multi-households. Therefore, when the above building, etc. is sold at auction, the victim was not able to receive the above lease deposit, etc.

The Defendant, as above, by deceiving the victim, received one million won as the down payment from the victim on the same day as the down payment, 10 million won as the intermediate payment on February 13, 2009, and 19 million won as the remainder payment on March 3, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The current status of tenants by each household;

1. Application of Acts and subordinate statutes on a real estate lease contract;

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

1. Articles 70 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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