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(영문) 의정부지방법원 고양지원 2021.01.21 2020고단2542
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant entered into a real estate security trust agreement with C around January 2019 with respect to the above building No. 2 and No. 5 of the building No. 1 and No. 3 of the building No. 3 of the building No. 4 of the building No. 4 of the building No. 4 of the building No. 4 of the building No. 4 of the building No. 4 of the building No. 4 of the building No. 4 of the building No. 4 of the building No. 4 of the building No. 5 of the building No. 4 of the building No. 4 of the trust agreement

1. On April 16, 2019, the Defendant: (a) concluded a lease contract with the victim F with respect to subparagraph (D) of the building B in Yongsan-gu, Yongsan-gu; (b) on April 16, 2019, the Defendant, without the consent of the trustee and the first beneficiary, concluded the lease contract with the victim F; (c) without explaining the terms and conditions of the said real estate security trust contract; and (d) by deceiving the victim as if he could have secured the total amount of the lease deposit at the time of the termination of the lease contract, the Defendant acquired the leased contract with the victim as “30 million won of the rent deposit, monthly rent, five million won of the rent, and two years of the lease; and (c) then, on or around June 11, 2019, the Defendant acquired the total amount of KRW 10 million from the victim to the account under the name of G bank in the name of the Defendant; and (d) by obtaining KRW 30 million from the Plaintiff as the deposit money.

2. On May 21, 2019, the Defendant against the victim I entered into a lease agreement with the victim I as to subparagraph B of the building B in the building B in Yongsan-gu, Yongsan-gu, Busan Metropolitan City without the consent of the trustee and the first beneficiary, and without explaining the terms and conditions of the said real estate security trust agreement, it does not interfere with the use and profit of the leased object while the lease agreement remains in existence, and as such, deceiving the victim as if he could secure the total amount of the leased deposit at the time of the termination of the lease agreement, the Defendant could mislead the victim.

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