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(영문) 대구지방법원 서부지원 2019.05.10 2018고단1463
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

The Defendant, from October 12, 2011, managed the apartment houses in Daegu-gu, Seo-gu, Inc. owned by D (Bana of the Defendant). From February 28, 2014, the Defendant actually owned the said house in the name of F (the wife of the Defendant) from February 28, 2014.

1. On July 27, 2012, the Defendant against the victim C concluded a lease agreement with the victim on the said housing No. 1 at a middle-class H-type store located in Seo-gu G G on July 27, 2012, the Defendant made a false statement to the victim, stating, “The victim has a first priority order among households, there is a certificate of real estate deduction, and there is no reason to receive a security deposit because the amount set up for the collateral security is clean.”

However, in fact, the order of priority as the lessee of the victim at the time was the third order in the household and there was a fixed date senior deposit of KRW 145 million. Thus, if the amount of the above collateral security is false and false to the victim and the hidden senior deposit is added to the amount of the above collateral security, the total amount of KRW 561 million exceeds KRW 80 million, which is the appraisal price of the above house and building site, and the risk of property damage that the subordinate tenant including the victim is not able to receive full deposit was considerable.

The defendant entered into a lease contract with the victim, and around that time, he received KRW 1 million in the name of the down payment through the office staff of the brokerage office from the victim, from that time until 30th of the same month, he received KRW 34 million in the name of the deposit from the J association account in the name of D and acquired the money by fraud of KRW 35 million in total.

2. On January 19, 2015, the Defendant against the victim K entered into a lease agreement with the victim through the Defendant’s wife F at the middle of the Daegu-gu L-gu L-type L-type L-type L, Daegu-gu L-type (hereinafter “W-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type L-type

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