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(영문) 창원지방법원 2013.09.25 2012고단1827
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around September 15, 2009, the fraud Defendant traded the G studio owned by the Defendant in Changwon-si, 102, the Da Office of Certified Judicial Scriveners, and the victim E in Kimhae-si, and concluded a false statement to the effect that “The 15 units out of the 24 units of the 24 units of the original room are leased to an individual and the total amount of the deposit amount is KRW 200 million, and the remainder nine units of the nine units are used as the company dormitory, and that the Ha, which is between B and marriage, is using as the company dormitory with KRW 10 million,000,000,000 and KRW 4,000,000,0000,000 won per month.”

However, in fact, 7 houses among 9 houses that H used as a dormitory were leased by an individual, and the total amount of the deposit was KRW 168 million, which led to the fact that H used as a dormitory and the total deposit was KRW 368 million.

Nevertheless, the Defendant deceiving the victim as the security deposit for the lease of 210 million won in the studio as such, and sold the studio to the victim around October 16, 2009 at KRW 950 million.

2. Around November 15, 2009, the Defendant was delegated with the authority to conclude the above studio rental agreement by the victim E and the victim E on November 15, 2009.

On January 30, 2010, the Defendant entered into a lease agreement with I and I with regard to the above studio 207, and received KRW 15 million from I, and entered into a lease agreement on behalf of the victim on five occasions as shown in the annexed crime list from June 5, 2010, and received the total amount of the lease deposit money and embezzled it on behalf of the victim at his/her own discretion during the period when he/she kept it for the victim.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Statement made by witnesses E in the second protocol of the trial;

1. Each police suspect interrogation protocol of H;

1. Statement to E by the police;

1. A copy of a real estate sales contract, current status of a lease contract, copy of each lease contract, remittance of a monthly rent, and refund of rental deposit;

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