(영문) 수원지방법원 2021.02.03 2020고단6037

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(영문) 수원지방법원 2021.02.03 2020고단6037

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of B multi-family house B (hereinafter referred to as “instant house”).

When the Defendant terminated the lease contract with the lessee of the above housing C, it was difficult for the Defendant to repay the repayment obligation of the deposit money, and the Defendant was willing to lease it to the new lessee and acquire the deposit money by fraud.

The Defendant, via a certified broker D, is liable to return the priority deposit amounting to KRW 30 million in total, the sum of KRW 50 million of the deposit amount prior to the K Ho Ho, KRW 50 million of the deposit amount prior to the settlement of the instant house C, and KRW 600 million to the victim H who intends to enter into the lease contract for the instant house C, and the said deposit amount may be fully refunded to the Defendant, subject to the prior mortgagee M.

1. As seen, the Plaintiff sent false remarks to the effect that “.....”

However, the instant house, however, has the market value of 1.3 billion won, and the obligation to return the deposit previously imposed by the Defendant with respect to the instant house, except for the victim, was the so-called 'open-end house' that has little value of collateral because it was a total of 862 million won against the lessee of 9 households. In addition to the instant house, the Defendant did not have any intent or ability to return the deposit from the victim, even if he received the deposit from the victim, even though he did not have any intent to return it at all.

Around February 21, 2020, the Defendant: (a) by deceiving the victim as above; (b) obtained cash KRW 300,000 from the victim under the name of the deposit money for the lease on a deposit basis from the victim; and (c) received money from Q deposit account (R) in the name of P on February 28, 2020; and (d) remitted KRW 91,70,000 to Q deposit account in the name of P.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Commercial housing:

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