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(영문) 서울중앙지방법원 2014.12.11 2014고단4139
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 27, 2011, the Defendant completed the registration of ownership transfer with respect to D apartment Nos. 102, 708 (hereinafter “instant apartment”) in the name of the Defendant’s husband C in Seoul Special Metropolitan City, Nowon-gu.

On June 9, 2011, the Defendant concluded a lease agreement with the victim F to set the lease deposit amount of KRW 180 million with respect to the instant apartment at the office of “E Licensed Real Estate Agent” under the foregoing D Apartment Building 107, and entered into the lease agreement with the victim “The present maximum debt amount of the instant apartment is set at the collateral security amount of KRW 432 million, but the actual collateral obligation is KRW 360 million. If the Party pays the lease deposit of KRW 180 million, the Defendant entered the lease agreement in the lease agreement with the victim to the effect that “The payment of the deposit for the reduction of KRW 160,000,000,000,000,000,000 won is KRW 160,000,000,000,000,0000,000 won,” and entered such content as

However, even if the defendant received a lease deposit from the victim, he did not think that it will be used to repay the secured debt of the right to collateral security established on the apartment of this case, and eventually, he did not have the intention or ability to register the reduction of the maximum debt amount

On June 9, 201, the Defendant received KRW 18 million from the victim as the down payment from a bank account in the name of husband C in the name of the Defendant’s husband C, who used the Defendant. On August 11, 2011, the Defendant was transferred KRW 162 million to the said account under the pretext of the balance.

Accordingly, the defendant deceivings the victim and defrauds the victim a total of KRW 180 million.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including statement C and F)

1. A president of the F;

1. Application of Acts and subordinate statutes to the statement statement to F;

1. Article 347(1) of the Criminal Act of the relevant criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommending sentence] one year to four years (the basic area) (the decision of sentence] is both the time to mislead the criminal facts.

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