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(영문) 수원지방법원 2018.05.31 2017고정3340
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of Yeongdeungpo-gu Seoul Apartment-gu 2807dong 1404, the apartment house security loan worth KRW 210 million as security, and the victim D is the tenant of the apartment house from February 28, 201.

On April 7, 2016, the Defendant renewed the lease contract with the victim at the “E” located in the apartment complex located in the said apartment complex, and concluded a false statement to the effect that “The above apartment house is equivalent to KRW 300 million from the present amount of taxes to KRW 140 million,” and that the above apartment house is equivalent to KRW 300 million from the injured party, and if the previous apartment house is combined with KRW 210 million from the existing house security loan and KRW 100 million from the existing deposit, it would be an apartment house “the apartment house is called above the apartment market price, so it would be unlikely to be refunded the lease deposit,” instead of “the victim continues to be aware that the lease deposit amount of KRW 30 million from the 40 million,000,000,000,000,000 won, written on behalf of the victim in order to redeem the security of the apartment loan.”

However, the Defendant, upon receiving money from the injured party, was thought to preferentially use the high interest rate for repayment of the M&C obligation, not for the repayment of the apartment mortgage loan, and the Defendant did not have any money so that it can prevent one-time return, such as the performance of loans from the lending company, such as R&C and R&C, and repayment of other obligations. Therefore, even if the money is paid out from the injured party, there was no intention or ability to return the money properly after the expiration of the lease period.

The defendant deceivings the victim as above and acquired the amount of KRW 40 million from the victim to the bank account in the name of the defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (business performance of a suspect);

1. Complaint;

1. Application of Acts and subordinate statutes on real estate lease agreement;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, and the choice of fines for the crime;

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