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(영문) 대구지방법원 2018.06.22 2017고단2905
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 19,750,000 won to the applicant through fraud.

Reasons

Punishment of the crime

around July 1, 2016, the Defendant entered into a lease contract of KRW 45 million with respect to the Victim B's house C, and paid deposit money for the lease of KRW 45 million with respect to the maintenance of housing supported by the Korea Housing Corporation.

The defendant's house did not live in the D Apartment E before the misunderstanding of the director's office, but did not own an apartment, and even if the defendant borrowed money from the victim without any specific property, he did not have an intention or ability to pay the money.

Nevertheless, the Defendant, as he owned an apartment, had the Defendant deceiving himself to borrow money from the damaged person and used it to borrow money.

1. On July 8, 2016, the defrauded of the borrowed money: (a) on July 8, 2016, the victim’s house located in Yong-si, Youngcheon-si, F around July 8, 2016, was registered as owned by another person in order to obtain housing stability subsidies from the victim’s house.

Since the loan repayment of the above apartment is insufficient, it is false that the apartment will be repaid with the loan on the face of the loan.

As such, the Defendant, by deceiving the victim, received a total of KRW 4.5 million from the victim to the Defendant’s account three times on the same day.

2. On July 21, 2016, by a lease agreement with the victim, the defrauded of the borrowed money: (a) the Defendant deposited KRW 45 million in the victim’s account from the Korea Housing Corporation to the victim’s account in accordance with the lease agreement with the victim; (b) stated that “The Defendant would provide the victim with an apartment house owned by KRW 22,50,000,000,000,000 for monthly rent of KRW 2.5,000,000 for monthly rent of KRW 2.5,000,000 for monthly rent of KRW 1,525,000,000 for monthly rent of KRW 2,52.”

As such, the Defendant, by deceiving the victim, received KRW 1,525,00 from the victim to the Defendant’s account under the pretext of borrowing money.

Accordingly, the defendant deceivings the victim and belongs to it.

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