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(영문) 서울중앙지방법원 2013.06.28 2012고단5373
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a real estate rental (main) D representative director in Guro-gu Seoul Metropolitan Government.

On August 20, 201, the Defendant concluded a lease agreement with the victim G and the Dongjak-gu Seoul Etel 105 Dong 405, at the office of F Licensed Real Estate Agent in Dongjak-gu, Seoul on August 20, 201, as to the lease agreement with the victim G on 106 Dong 103, the security deposit shall be KRW 17,5 million on a contract-based contract-based contract deposit, KRW 23 million on September 1, 201, the intermediate payment shall be paid KRW 13,5 million on a balance on October 31, 201. At the same time, the Defendant agreed to reduce the maximum debt amount of the right to collateral security on the created real estate in the name of the Daewon Credit Union as KRW 292,50,000,000 and extended on November 20, 2011.

However, even if the Defendant received the down payment, intermediate payment, and remainder from the victim on each payment date, it was planned to return the deposit to the tenant and use it as the operating funds of the above company, and the above company has already deteriorated its financial status in excess of the debt, so there was no intention or ability to reduce the maximum debt amount of the right to collateral security established on the above real estate.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 17 million from the victim on August 21, 201, and KRW 23 million from the intermediate payment on September 1, 201, and KRW 135 million from the remainder on October 31, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Some statements made by the police in each police interrogation protocol against H and the defendant;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a copy of the pre-paid contract, a letter, a commitment, a certified copy of the register, or a content certificate;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Fine);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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