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(영문) 서울서부지방법원 2017.03.03 2016고단2113
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 8, 2010, the Defendant entered into a lease agreement with the victim C and the Seongbuk-gu Seoul Metropolitan Government D Apartment Complex 123 Dong 107 from December 14, 2010 to December 14, 2012 by setting the lease deposit amount of KRW 220,00,000, lessee E and set the lease deposit amount of KRW 176,00,000, which is a part of the deposit deposit, from Hyundai Capital Co., Ltd., to E on the condition of full repayment of the termination of the lease agreement or directions of the year. The Defendant established a pledge right to the lease deposit in the above lease deposit with the consent of the victim.

1. The Defendant, on March 29, 2013, decided to terminate the lease contract by mutual agreement with the victim at an infinite real estate office near Seongbuk-gu Seoul apartment, and the Defendant would terminate the lease contract by returning the deposit money to himself/herself, and terminate the right of pledge by paying the deposit money to him/her.

A false statement was made.

However, even if the lease deposit is returned to the wife who was urged to pay due to a large number of bonds, there was no intention or ability to terminate the right of pledge by paying the money to the Hyundai Capital.

The Defendant, as such, by deceiving the victim, received KRW 176,00,000 from the injured party.

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

2. When the Defendant, as stated in paragraph 1, failed to repay a loan, thereby obtaining a demand for repayment from C, the Defendant was willing to postpone the repayment deadline and to present a written lease agreement as security.

On February 11, 2015, the Defendant stated F Apartment 101, 604, Seongbuk-gu, Seoul, Seoul, as H in the column of the location of the apartment pre-sale contract form using a computer at the domicile of 101-dong 604, Seongbuk-gu, Seoul, Seoul, the amount of KRW 101,000,000,000 won in the deposit column, the amount of KRW 1410,502, and the name column in the name column of the lessor’s address, and printed out the amount of KRW 1410,502, and affixed H’s seal prepared in advance to H name.

The defendant is therefore entitled to exercise.

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