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(영문) 수원지방법원 안산지원 2020.05.14 2018고단3894
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On March 21, 2017, the Defendant was sentenced to ten months of imprisonment for fraud in the Suwon District Court’s Ansan Branch, and two years of suspended execution, and the judgment became final and conclusive on March 29, 2017.

【Criminal Facts】

The defendant of "2018 Highest 3894" is the actual owner of the B building C in Silung-si and the person who works as a brokerage assistant at the D Licensed Real Estate Agent's Office.

The Defendant, around January 31, 2017, at the above licensed real estate agent office E located in Silung-si, the victim F, saying, “If all of the deposit is paid KRW 100 million, the Defendant would repay the debt to G and cancel the right to collateral created with the maximum debt amount of KRW 97,500,000 with the maximum debt amount of KRW 3.5 million.”

However, when the defendant received a deposit from the victim, he did not have any intention or ability to cancel the deposit by repaying the debt secured by the right to collateral security as set forth in subparagraph C even after the victim received all the deposit from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, entered into a lease contract on the same day as the victim, and received KRW 16 million as the down payment, and received KRW 84 million from the H-owned Enterprise Bank account (I) on February 24, 2017.

In June 2014, the Defendant introduced the “D Licensed Real Estate Agent Office” (D Licensed Real Estate Agent Office), which is located in Sinsi-si, Sinsi-si, Sinsi-si, 2014, to the victim J, and concluded that “The owner of the said house has a reasonable place of office to live in the victim’s family, and the owner of the said house is the Defendant’s pro-child M, and the said house is the primary 10 million won book, which is KRW 7 million book, so that he/she can enter into a lease contract at KRW 70 million. However, the former tenant, who is living in the said house, can move in if he/she is a bareboat.”

However, even if the defendant receives a deposit for lease on a deposit basis from the victim, he did not think that he had to live in the above building, and he received a deposit from the victim.

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