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(영문) 서울동부지방법원 2013.06.28 2013고정1158
사기
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 9, 201, the Defendant: (a) drafted a lease agreement with the C Licensed Real Estate Agent Office located in Seonam-si B Apartment Building No. 105 on November 9, 201 with the victim D; (b) concluded that “The Defendant would pay 1.5 million won out of the deposit 10 million won as the down payment, and pay the remainder of 8.5 million won as the down payment by January 10, 2012, and pay 7.5 million won as the monthly rent at the time of KRW 7.5 million.”

However, in fact, it did not have the security deposit of the house located in Busan, and it did not have any assets such as paying monthly rent and electricity rent from the attorney office's staff because it did not have any assets such as paying monthly rent and electricity rent from the attorney office's staff, etc., and there was no intention or ability to pay the security deposit because there was no specific income.

As above, the Defendant, by deceiving the victim, received the above officetels from the victim, and did not pay the monthly rent of KRW 3750,000 for five months until July 13, 2012, thereby acquiring property benefits equivalent to the above amount.

2. On November 17, 201, the Defendant: (a) borrowed money, at the victim’s home located in the Etel B-508, Seonam-si Etel B-508 on November 17, 201, concluded that “the Defendant would have the victim receive KRW 10 million from the Defendant. There is no money to accept an attorney to bring a lawsuit; (b) thereby, the Defendant borrowed KRW 2.6 million to the Defendant; and (c) on the other hand, the Defendant would also pay the deposited money before he/she has repaid the borrowed money with the money borrowed as a lawsuit.”

However, the fact is that the defendant had no intention to pay a civil suit against the succeeding ship, and the person F has already been awarded a favorable judgment of KRW 15 million, but did not recover only KRW 720,000 from the compulsory execution of movable property on May 20, 2010. Since the money borrowed from the victim was thought to be used for the cost of living, there was no intention or ability to pay the money.

The defendant.

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