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(영문) 수원지방법원 성남지원 2019.07.17 2018고단2968
사기등
Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, each fraud against the victim B and C shall be acquitted.

Reasons

Punishment of the crime

The Defendant of 2018 High-class 2968 [2018 High-class 2968] purchased land from a bank without any property as a real estate agent and constructed a building as a collateral, and then purchased another land with the lease deposit received from the lessee with the lease deposit and repeats the construction of the building. The above building is a person who is engaged in real estate rental business by leasing the above building to the lessee even if it was the so-called "house tin-type" with excessive security at the market price, and even if it was the so-called "house tin-type" with excessive security at the market price.

Since 2012, the Defendant had not carried out land development projects smoothly, and around 2015, 200 million won agreed upon D and 200 million won borrowed money to E were not repaid, and provisional attachment was made on and around January 2016.

In addition, around 2016, it was impossible to repay the loan amount of at least one billion won from many debtors such as F and G, and it was urged to pay the loan amount of at least 500 million won due to the construction business operator's failure to pay the loan amount of at least 500 million won.

As above, even if a lease contract was concluded between a lessee and a lessee on a building owned by the Defendant, the Defendant was unable to have the intent or ability to return the deposit to the lessee after the termination of the lease contract, thereby deceiving the lessee as if he would return the deposit normally after the termination of the lease contract and deceiving the lessee to obtain the deposit by concluding the lease contract.

1. On August 17, 2016, the Defendant against the victim H was the Defendant, i.e., Gwangju City I.

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