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(영문) 대구지방법원 2020.11.05 2020고단4698
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

The defendant is the owner of the Daegu Southern-gu multi-family house B, who is the owner of the apartment house.

On March 8, 2018, at the E Licensed Real Estate Agent Office located in Daegu-gu, Daegu-gu, the Defendant concluded a lease agreement with the victim on March 21, 2018 with the victim F to the effect that “B is almost no tenant of the key money for lease on a house”, and on March 21, 2018, the Defendant concluded a lease agreement with the victim on the said building G at the same place, and the victim stated that “it is possible to receive a normal lease deposit after the termination of the lease agreement, and the aggregate of the key money for the said house is 250,000

However, around that time, the sum of the priority deposit for the above house was KRW 888,500,000, and the maximum debt amount for the right to collateral security established over the above house exceeds KRW 828,00,000, and thus, even if the amount exceeds the purchase price of the above house exceeds KRW 1,50,000,00, it was impossible to secure the obligation to return the deposit at the above house price, and there was no intention or ability to return the deposit normally after the contract is terminated.

On March 8, 2018, the Defendant, by deceiving the victim as such, obtained 1,00,000 won from the victim to the Nong Bank account in the name of the Nong Bank Co., Ltd., and acquired 5,000,000 won from March 21, 2018 to the same account on March 21, 2018, and 54,000,000 won from each transfer to the new bank account in the name of the Bank of Bankruptcy Co., Ltd. on April 27, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. Statement of the police statement concerning F;

1. A specification of transactions, a copy of a real estate lease contract, a certified fixed date, a full certificate of each registered matter, a transfer certificate, and a distribution schedule;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts are not good for the reason of sentencing, but are against the disadvantage of the accused, such as the fact that the acquired amount of money is considerable, and the accused is against the law.

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