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(영문) 인천지방법원 부천지원 2013.06.13 2013고단609
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual owner of the building B, 107 Dong 1904, Bupyeong-gu, Incheon.

On February 14, 2008, the Defendant entered into an apartment lease agreement with the victim D and the above apartment in the Bupyeong-gu Incheon Metropolitan Government “C Licensed Real Estate Agent Office” in the Bupyeong-gu Seoul Metropolitan Government Building B, and entered into an apartment lease agreement with the victim D and the above apartment with a deposit of KRW 1.50 million with a deposit of KRW 1.5

In the process, the Defendant made a false statement to the effect that, when the victim had an excessive right to collateral security compared with the above apartment price, so that if the Defendant could not refund the deposit after the expiration of the lease period, it would be difficult to secure the deposit through the auction, etc. of the above apartment, etc., the Defendant would make the victim obtain the remainder of KRW 150 million out of the deposit amount of KRW 150 million, the Defendant would make a registration by reducing the maximum debt amount of the right to collateral security to KRW 369.6 million from the remainder of the remainder of the deposit amount to KRW 120 million by reducing the maximum debt amount of the right to collateral security at KRW 249.6 million from the remainder of the deposit amount.”

However, at the time of fact, even if the Defendant received the remainder of KRW 120,000 from the victim, he thought that he would use the remainder as an individual, such as living expenses, and did not have the intent or ability to register the reduction of the maximum debt amount by partially repaying the secured debt of the right to collateral security established on the above apartment, and there was no other intent or ability to repay the deposit to the victim after the expiration of the lease period

As above, the Defendant, by deceiving the victim, entered into an apartment lease contract with the victim, that is, in the seat of the victim, from September 6, 2008, acquired KRW 150 million from the victim as a security deposit, and acquired it by defraudation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. The filing of an accusation, a fact confirmation, a charter contract, a notice, a receipt, a account statement, and a certified copy of the register shall apply 1.1.

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