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(영문) 광주지방법원 2018.03.27 2016고단3315
사기
Text

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

The defendant will pay 35,00,000 won to the applicant C with the money obtained by fraud.

Reasons

Punishment of the crime

"2016 Highest 3315" defendant is a person engaged in real estate rental business.

On August 9, 2012, the Defendant entered into a real estate lease agreement between the victim H and the Itel 301 B in the G Authorized Broker Office in Gwangju Northern-gu, Gwangju, with respect to KRW 40 million, and KRW 2 million with respect to the term of lease, and even if the lease agreement was entered into on a deposit basis with the victim, the Defendant took the same attitude that the lease deposit can be returned at the time when the term of lease expires.

However, in purchasing the above officetels, the Defendant paid the purchase price with the loan and loan borrowed from the above officetel as security, and the above officetel was difficult to seek a new lessee due to illegal circumstances such as the change of use without permission. The Defendant was liable for a debt equivalent to KRW 700 million to the new lessee. The Defendant did not have any other source of revenue, except the lease deposit received from the lessee, and the lessee was unable to pay the lessee the lease deposit when the lease contract is concluded in the manner of “former rent” that pays the deposit of KRW 00,000,000 which is due to the absence of a certain source of revenue.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim who believed the victim to the Agricultural Cooperative account under the name of J as down payment, and received KRW 30 million on August 20, 2012 to the same account, from August 17, 2013, and acquired KRW 165 million in total from four persons, such as the above victim, etc., until October 17, 2013, such as the list Nos. 1, 2, 5, and 6.

The Defendant, around March 2, 2017, via the phone call to the Victim K, who was known to the general public, may sell the No. G80 car at the net level from 40,000 to 60,000,000 won after one to three months.

(k) passenger cars;

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