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(영문) 대전지방법원 2016.05.26 2016고단566
사기
Text

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

Reasons

Punishment of the crime

1. On December 26, 1997, the Defendant entered into a lease agreement with the victim D on three parts of the above second floor housing owned by the Defendant, in the residence of the Defendant in Busan Nam-gu, Busan, and the second floor housing owned by the Defendant.

At the time, the above house owned by the Defendant was established as a collateral on four occasions with a loan from the Saemaul Treasury. Two lease agreements already concluded with each of the deposit amount of KRW 15 million and KRW 8 million, which are protected as a small lessee. The Defendant did not make any change in the liability amount of KRW 180,000,000 and KRW 180,000,000,000,0000,000 won. In fact, the above house was provisionally seized on February 16, 1998, immediately after the conclusion of the lease agreement with the victim, and the provisional attachment was registered, and the provisional attachment was made on March 8, 1998, and immediately after the Defendant left the Republic of Korea, it was difficult to return the deposit when the lease agreement was terminated.

Nevertheless, the defendant shall make a false statement to the victim that the lease contract was lost due to the registration of multiple collective security established in the above house, stating that "the person who has faithfully repaid the loan, worked as a police officer for 30 years or for 30 years or for 15 million won," and that he shall enter into a lease contract with the victim with a deposit amount of 27 million won on December 26, 1997, and shall receive KRW 10 million on January 5, 1998 and KRW 15 million on January 7, 1998, and shall receive KRW 27 million on a total.

2. On January 1, 1998, the Defendant entered into a lease agreement with the first floor of the above house owned by the Defendant prior to the end of the day, and delivered KRW 500,000 as a down payment.

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