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(영문) 광주지방법원 순천지원 2017.02.16 2015고단1040
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The facts charged based on evidence are acknowledged ex officio without changing the indictment.

On July 28, 2014, the Defendant owned the F apartment in Jung-gu Incheon Metropolitan City (hereinafter “instant apartment”) and leased it to the victim E in accordance with Article 929-1204 (hereinafter “the instant apartment”).

Among them, the sale price of 104 Dong-dong 605, 606, 705, 805, 805, and 806 is KRW 126,40,000,000 for each unit, and each unit of 60,000,000 won for lease on a deposit basis, 39,000 won for loans, and the right to lease on a deposit basis and right to collateral security is established.

After purchasing five apartment bonds in this case, the victim received the loan and repaid the above KRW 99 million with the loan and converted the rent into monthly income and received monthly income, the profits remaining after deducting the interest on the loan.

The amount of 137 million won (10 million won (126.4 million won - 9.9 million won) x 5 bonds) calculated by deducting the money for lease on a deposit basis and the loan from the amount of divided prices was false, stating that it would transfer the ownership of the above apartment bonds 5 bonds.

However, in order for the victim to acquire the ownership of the apartment of this case to obtain the ownership of the apartment of this case, he/she shall receive the additional loan to obtain the above deposit money and the loan prior to the registration of ownership transfer and return the deposit money, etc. and convert it into monthly income. However, it is difficult for the defendant to obtain the additional loan due to low credit rating of the victim, and it is difficult for the defendant to obtain the said additional loan to the extent that the above deposit money and the loan can be fully repaid due to the circumstances of the above apartment of this case and the situation of the defendant. Therefore, even

Nevertheless, on July 29, 2014, the Defendant was transferred KRW 80,000,000 to the Agricultural Cooperative Account (H) in the name of G Co., Ltd. as the down payment.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. The defendant's partial statement in court;

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