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(영문) 창원지방법원 통영지원 2019.08.28 2019고단106
사기
Text

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

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

Reasons

Punishment of the crime

The facts charged shall be modified and recognized within the extent recognized as identical.

The defendant is the owner of studio B in the event of a studio.

On March 21, 2017, the Defendant presented the “written confirmation of details of the first lease” prepared as if the sum of the deposit and the deposit for lease under the first lease agreement and the lease deposit under the lease agreement of the said room G was caused by KRW 140 million to the victim F, who intends to rent the above studio E in the studio G, located in the studio C, and concluded that the lease deposit would be returned normally at the end of the lease term.

However, in fact, the deposit for lease under the studio G was KRW 80 million, and the above studio was established with the maximum debt amount of KRW 390 million, not only because the mortgage was established with the maximum debt amount of KRW 390,000,00,000, but also there was an offer of KRW 210,000,000,000 for the deposit for lease and the deposit for lease under the studio G including the lease for the above studio G as security for the claim for lease, so

As above, the Defendant, by deceiving the victim, entered into a lease agreement with the victim (hereinafter “instant lease agreement”), and received a total of KRW 40 million from March 21, 2017 to April 7, 2017 from the victim to the Agricultural Cooperative (H) account in the name of the Defendant from March 21, 2017 to the victim’s deposit.

[Along with the intent of fraud, the grounds for recognizing causation between the Defendant’s deception and the victim’s act of disposal] records, the market price of B Studio (site and building; hereinafter the same shall apply) at the time of the instant lease agreement is recognized as the fact that at least 810 million won was stated in the attached Table, and the prior security interest of B Studio was the same as that of the attached Table. Therefore, the remaining collateral value of B Studio was at least KRW 210 million, and the victim’s remaining collateral value and the victim’s loss.

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