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(영문) 서울중앙지방법원 2013.10.31 2012고단5014
사기
Text

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

Reasons

Punishment of the crime

On September 4, 2009, the Defendant agreed to make a lease agreement with the victim F and the above apartment as the owner of 1605,000 won for the above apartment, on or around September 4, 2009. The Defendant cancelled provisional attachment (a claim amount of KRW 80,000,000) regarding the above apartment with the deposit deposit, and paid part of the maximum debt amount of KRW 342,00,000 (credit amount of KRW 28,000,000) with the maximum debt amount of KRW 264,00,000 (credit amount of KRW 22,200,000) with the maximum debt amount of KRW 264,00,000 (credit amount of KRW 22,000,000) with the right to collateral security, and the Defendant did not pay part of the debt amount of KRW 13,100,000 as the remainder on the same day, and did not pay the debt amount of KRW 9,29.

Since then, on March 17, 2010, the Plaintiff filed an application for auction of the above apartment on or around the above apartment on or around March 17, 2010, and the Defendant, on May 2010, stated to the effect that “The Defendant shall obtain a loan from another bank to resolve the auction, and the tenant may not be a secured loan if the moving-in report is made to his/her domicile.” On the other hand, the Plaintiff would return KRW 160 million out of the above loan to the other place.”

However, in fact, the Defendant had already been liable to pay more than KRW 400 million and it was difficult for the Defendant to pay the interest accrued from the bank at the time, and it was planned to use the loan for the repayment of his/her obligation, so there was no intention or ability to refund the deposit to the victim.

Accordingly, the defendant deceivings the victim and let the victim move his resident registration around July 16, 201, under the Housing Lease Protection Act which he has as a tenant.

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