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(영문) 대구지방법원 2013.12.06 2013고단6058
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On July 14, 2009, the Defendant leased the F building No. 303 to the victim E with a deposit of KRW 35,000,000, and the lease period of KRW 2 years for the lease of the F building No. 300,000 in Daegu-gu D Licensed Real Estate Agent Office of 8, the Defendant assumed that “F building has a total of 19 households, and the lessee has a total of KRW 383,00,000,000, and the total amount of chonsegwon established by other tenants was 210,000,000, and the provisional attachment of KRW 20,000,00 was imposed on the average lease deposit of KRW 1,00,000, and the other households received KRW 2,000,000 from the average lease deposit of KRW 2,00,000, and received monthly tax.”

However, prior to the conclusion of the above lease agreement with the victim, the Defendant respectively leased part of the above building, and received KRW 30,000,000 from G, which is a lessee, KRW 45,00,000 from H, and KRW 50,00,000 from J, and KRW 45,00,000 from J, totaling KRW 170,000,000 from J, as a deposit for lease. The value of the above building is approximately KRW 608,980,00,00, and there is no amount to be distributed to the victim, and even if the lease agreement is terminated, the Defendant did not have any intent or ability to refund the above lease deposit.

On July 14, 2009, the Defendant received KRW 1,000,000 as the down payment from the victim on July 14, 2009, KRW 9,000,00 as the intermediate payment on the 24th of the same month, and KRW 25,000,000 as the balance on the 30th of the same month, respectively, from the Daegu Bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol (including E and I statements) of the accused;

1. Each police statement concerning I and L;

1. Each investigation report, details of transfer, inspection of households, judgment on M, etc., and M. of reference persons;

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