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(영문) 인천지방법원 2017.05.31 2017고단452
사기등
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

The defendant shall be liable to the applicant C for the damage KRW 27,90,000,00.

Reasons

Punishment of the crime

"2017 Highest 452"

1. On April 8, 2016, the Defendant committed the crime against the Victim K with the victim’s official brokerage office located in Seo-gu Incheon, Seo-gu Incheon L, “The tenants who had been living in the existing N apartment and surrounding lending in Incheon Seo-gu L are those who entered the facility with the loan of the lease fund, and the house owners are not able to pay the deposit of the lease fund, and it is difficult for the tenants to find out other houses because the house owners are unable to pay the deposit of the lease fund.

Therefore, when investing money, it is intended to lend money to the owner of the house to return the deposit money for the lease to the owner of the house and to add the money to the principal if the owner receives the deposit from the new revenue.

N Apartment 27 square meters will be repaid at KRW 16,160,000,000,000,000 including fees, until May 8, 2016.

“The purpose of “ was to make a false representation.”

However, even if the defendant received money from the injured party, there was no plan to use it as investment funds related to the deposit or sale fund, and there was a plan to pay the debt to other creditors who received money under the same name.

As above, the Defendant deceivings the victim, and acquired the total amount of KRW 80 million, including KRW 15 million on April 8, 2016, KRW 26.5 million on August 2, 2016, KRW 10 million on August 10, 2016, KRW 800,000 on August 21, 2016, KRW 80 million on August 21, 2016, and KRW 9.5 million on August 28, 2016.

2. The “O” written indictment in the victim C appears to be a clerical error.

On September 13, 2016, the Defendant called the victim at the same place on September 13, 2016, and called “The tenants who had been living in the existing N apartment and surrounding L L are the persons who entered with the loan for the lease fund, and the house owners are unable to pay the deposit for the lease fund, and thus, they need to find out another house because the house owners are unable to pay the deposit for the lease fund.

Therefore, when investing money, the house owner shall lend money to the house owner and return the deposit money to the existing revenue owner and receive the deposit from the new revenue, the amount of the principal shall be added.

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