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(영문) 수원지방법원 여주지원 2019.11.29 2019고단488
사기등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and two months, respectively.

Reasons

Punishment of the crime

[Defendants] 2019 Highest 488 [Defendants]

1. Defendant A and the Defendant, who had leased the above apartment from E, the owner of the instant apartment (from November 15, 2011 to November 15, 2013, deposit 5 million won, monthly rent 600,000 won) from E, the owner of the instant apartment, Leecheon-si C apartment D, and the Defendant conspired with the above male in order to acquire money in the name of the deposit for the lease deposit after concluding the lease contract with the tenant, by making the above male in the name of the name of the apartment as if the said apartment owner E was the above apartment owner.

On January 6, 2012, the Defendant entered into a lease contract with the victim F of the above apartment to lease the above apartment to the victim F of the purchase deposit amount of KRW 70,000,000, and the under-paid male was the owner of the above apartment as if he was the owner E, and the Defendant was the spouse of E.

However, in fact, male in the name of the defendant was not E, and the defendant was not the lessee of the above apartment from E, so the defendant and the above male in the name of the above apartment did not have the intention or ability to conclude the lease contract for the above apartment.

Nevertheless, the Defendant, in collusion with the above male in the above name, received 1,00,000 won in cash from the victim's seat as down payment, namely, received 30,000,000 won in the name of down payment, around January 10, 2012, and transferred 34,000,000 won in the name of G to the H Bank account in the name of G (I) around January 13, 2012. On April 30, 2012, the Defendant received 5,00,000 won in cash from an unspecified place and received 70,000,000 won in total.

2. Defendant A

A. On September 201, 201, the Defendant against the Victim JJ entered into a lease agreement with the Plaintiff, the owner of the K Apartment L, Leecheon-si, with a person who leased the said apartment (from October 1, 2008 to September 31, 2010, monthly rent of KRW 500,000) from M, who was the owner of the said apartment. The Defendant entered into a lease agreement with the Plaintiff as if he was a representative of M, and thereafter, constitutes money in the name of the lease deposit.

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