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(영문) 서울중앙지방법원 2017.02.15 2016고단6774
사기
Text

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

Reasons

Punishment of the crime

On April 8, 2013, the Defendant entered into a real estate lease agreement with the victim G who wishes to rent the said house on behalf of F for the first floor of the housing under the name of F, an son located in Dongjak-gu Seoul, Dongjak-gu, Seoul at the office of “D” (Seoul) around April 8, 2013, stating that “the sale price of the said house is approximately KRW 5-60 million, and the amount of the claim is KRW 260 million to the creditor F, and KRW 125 million to the creditor H of the said real estate, and KRW 385 million,000,000,000 won, total amount of the claim is KRW 125,000,000 for the creditor H, and Dongjak-gu did not have any problem with the repayment of the contract deposit that the victim paid due to the lack of other rights, other than the seizure of the said real estate,” and the latter is jointly and severally liable with the Financial Services Commission.

However, the facts are as follows: ① (a) the lessee who takes precedence over the victim in the instant house (a guarantee: 50 million won; the fixed date: May 13, 201); ② J (a guarantee deposit: 60 million won: the fixed date: August 1, 201); ③ (b) the K (a guarantee deposit: 60 million won: the fixed date: August 22, 201); (c) the sum of the lease deposit repayment claims for K (a deposit: 60 million won; August 22, 2011) the total amount of the claims reaches KRW 555,389,120,00 in total; and (b) the Defendant was unable to repay the loan obligations to the above Saemaul depository; and if the dividends remain at the auction sale, the Defendant did not have any intention or ability to return the deposit to the victim at the time of the lease.

Ultimately, the Defendant, as seen above, deceiving the victim and deceiving the victim, is the L bank account with the name of the Defendant as the down payment around April 8, 2013.

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