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(영문) 광주지방법원 2018.08.09 2016고단4888
사기
Text

A defendant shall be punished by imprisonment for one year.

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 respectively established the right to collateral security of KRW 110,50,000,000 and the maximum amount of the claim amount of KRW 15,000,000,000,000, which he resided in Gwangju-si B building A, but concluded a lease contract with the lessee with the knowledge that he would reduce the maximum amount of the above right to collateral security or cancel the right to collateral security upon the lessee’s receipt of the lease deposit, and received the lease deposit and used it as a escape fund for the husband C who would escape from the police due to the crime of murder and received the lease deposit, and used it to use it as a flight fund for the husband C, and used it to the public intermediary with the awareness of the intention to use it as a flight.

However, even if the defendant entered into a lease agreement with the victim D due to the brokerage of an authorized broker, he did not have any intention or ability to cancel or register reduction of the right to collateral security set forth in the above loan with the money received as a security deposit.

Nevertheless, around February 7, 2013, the Defendant, at the F Authorized Brokerage Office located in Gangnam-gu, Seoul, concluded a lease agreement on the above 401 on the same page with the victim on the following grounds: “When the Defendant pays the leased deposit of KRW 80 million, he/she shall pay the amount of KRW 110,50 million to the victim for the secured debt of KRW 50,000,000,000,000 to the amount of the claim, reduced the maximum amount of the claim to KRW 60,50,000,000,000 won, and entered into a lease agreement with the victim to cancel the mortgage on the 15,000,0000,000 won.” On March 7, 2013, the Defendant deceiving the victim by the method of stating the special agreement with the victim, and caused damage, KRW 8,00,000,000 as the down payment to C’s bank account (Korean bank G) in the name of KRW 250,5000,00,000.

This is the defendant.

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