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(영문) 대전지방법원 천안지원 2016.07.21 2016고단930
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2010, the Defendant decided to purchase a multi-household house of 18 households located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, in order to purchase KRW 800 million. Of the purchase price, KRW 414 million, the Defendant paid the said building by borrowing it as security, and KRW 386 million, as the rental deposit received by leasing the said house for each household and paying KRW 386 million.

On September 16, 2010, the Defendant stated that “When concluding a lease contract with a deposit of KRW 40 million on a deposit basis, the Defendant would return the deposit immediately after the expiration of the lease term to move,” to the victim H(33) of the said multi-household housing purchased under the above conditions, at the G Authorized Broker Office located in Seocheon-gu, Seocheon-gu, Seocheon-gu.”

However, in fact, Defendant 1 had to pay KRW 414 million, additional loans, KRW 40 million, and KRW 40 million, additional loans, and KRW 40 million each month, while there was no property or income other than the restaurant income that was operated at the time, and there was no other property or income, and there was a crisis in the closure of business since there was no particular property, and since there was no other property, it was a relationship that could not be able to pay interest on loans to the above multi-household housing due to the fact that multi-household housing was not able to fully repay the interest on loans to the above multi-household housing because it became an auction, there was no intention or ability to return it properly after the termination of the lease contract, even if the multi-household was granted the deposit from the damaged person.

Nevertheless, on October 7, 2010, the defendant deceivings the victim and transferred 40 million won to the Agricultural Cooperative Account (Account Number: I) in the name of the defendant around October 7, 2010.

In addition, the Defendant received 475 million won, including this, from October 7, 2010 to February 22, 2013, in total, 475 million won from the victims, as shown in the list of crimes committed in the attached Table.

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