2014 Highest 7953 Fraudulent

A

Instigatories, Han-dong (Public Trial)

April 23, 2015

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. To order the defendant to provide community service for 80 hours.

Criminal facts

On June 22, 2013, the above judgment became final and conclusive on June 22, 2013, after having been sentenced to two years of imprisonment for one year due to fraud, etc.

The defendant actually manages the above aggregate building with the mother of the owner C in Busan B building No. 1001.

On September 18, 2012, the Defendant did not refund the lease deposit to D who was a lessee under the above aggregate building 1001, and on September 18, 2012, the registration of the lease deposit was completed with the lease deposit of KRW 30 million, and the lease deposit of KRW 40 million with the lessee D, and the lower lessee did not have the right to obtain preferential repayment under the Housing Lease Protection Act due to the existence of the registration of the above housing lease, and thereafter, the above 1001 lessee did not move in.

On January 11, 2013, the Defendant enticed the victim as if he can secure the right of lessee under the Housing Lease Protection Act, such as the right to preferential payment, in a case where the victim becomes a lessee under the Housing Lease Protection Act, on behalf of the commercial owner under the name of registration, the Defendant: (a) did not show the copy of the register of 1001, or notify the fact that the victim is unable to secure the lessee’s right, such as right to preferential payment, on behalf of the commercial owner under the Housing Lease Protection Act; and (b) did not notify the victim of the fact that the registration of 101 was completed; and (c) did not notify the fact that the victim cannot obtain the lessee’s right, such as right to preferential payment.

The Defendant entered into a lease agreement with the victim immediately with regard to the above 1001, and transferred money of KRW 20 million to C as the down payment on the same day, and acquired money of KRW 5 million from April 10, 2013 to C in the remaining account under the name of C and acquired money of KRW 25 million in total.

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on investigation and accompanying documents (number 3 through 9);

1. Before ruling: Criminal records and investigation reports (No. 14 No. 14);

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Act (limited to the same kind of force, confession, confession, full repayment of the amount of damage and final agreement, the degree of deception in light of the method of deception is not deemed significant, the suspended execution shall be sentenced in consideration of equity, etc. with the case where the judgment becomes final and conclusive, but community service shall be ordered together)

1. Social service order;

Article 62-2 of the Criminal Act

Judges Kim Jong-il