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(영문) 창원지방법원 밀양지원 2021.01.12 2019고단500
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 14, 2015, the Defendant entered into a real estate lease agreement with the husband of the lessee’s husband F, on behalf of D, who was the owner of the building B, Sinnam-gun building C, and the lessee’s husband’s husband F, with respect to the foregoing housing between April 13, 2015 and April 15, 2016 and KRW 40,000,000.

On the other hand, around September 5, 2014, the right to collateral security was established with the maximum amount of KRW 113 million, which is the G union and the maximum amount of the claim of the mortgagee.

1. The Defendant involved in the fraud of the security deposit was fully repaid to the Defendant at the I Real Estate Office located in Ha, Sinnam and Ha on November 1, 2016, with the amount of KRW 30 million, out of the amount of KRW 70,000,000,000 to the Plaintiff.

The lower court stated that the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit.

However, the Defendant had been unable to pay interest for the secured obligation under the right to collateral security since two years ago, and there was no special property or revenue source under the name of the Defendant at the time, and had been thought to use the money received from the victims as personnel expenses for workers or their own medical expenses. Thus, even if the Defendant received money from the injured party as the deposit money, it did not intend to use the money for the secured obligation under the right to collateral security.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received cash 10 million won from the victim under the name of the deposit money prior to the same day; and (c) transferred KRW 10 million to the L Bank Account (M) in the name of the Defendant designated by the Defendant from the J Bank Account under the name of J Bank Account (K) on November 2, 2016.

Accordingly, the defendant was given property by deceiving the victim.

2. On the date, time, and place specified in paragraph 1, the Defendant would immediately pay to the Defendant the amount of KRW 1 million to the Defendant immediately after preparing a lease agreement.

“.......”

However, the defendant is against the secured obligation of the right to collateral security before about two years ago.

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