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(영문) 창원지방법원밀양지원 2020.10.27 2020고단338
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Attachment] The Defendant: (a) was a person who actually owned, and was in possession of, No. 2 apartment B apartment housing C (hereinafter “instant room”) around December 12, 2016; (b) leased the said real estate to the victim D with the lease period up to February 9, 2019.

Around January 11, 2017, the victim received the instant room from the Defendant, received a fixed date on the lease contract, and made a move-in report, and continued to reside in the Defendant, even after the lease term expires, and the Defendant received the deposit from the subsequent lessee, and the Defendant was to return it to the victim.

Around August 16, 2019, the Defendant entered into a new lease agreement with the instant room as a deposit amounting to KRW 75 million to E. The Defendant received KRW 7.5 million from E, and the remainder of KRW 67.5 million was paid through E’s loan. Around September 20, 2019, the Defendant received the remainder of the loan and received the payment from the subsequent lessee in full due to the performance of the loan around September 20, 2019.

【Criminal Facts】

On September 23, 2019, the Defendant sent a message to the effect that “I would at least 3 to 30 days from the victim’s entry into a new house contract. I would at the end of 19 years and 9 months from the date of receipt of the message to the effect that I would like to pay the deposit within 3 to 4 days from the date of receipt of the message to the effect that I would like to receive the message to “I will pay the deposit within 3 to 3 to 4 days from the date on which I would receive the message to the contrary. I will audit.”

However, in fact, the defendant did not have the right to return the deposit to the victim, and even if the victim leaves the room of this case by using the money received from the loan from E as repayment of the loan, living expenses, etc., the defendant did not have the ability to return the deposit.

Nevertheless, the defendant around September 30, 2019.

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