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(영문) 춘천지방법원 원주지원 2016.04.19 2015고단537
사기
Text

Defendant shall be punished by a fine of KRW 3,00,00 for each of the crimes set forth in the judgment of the 2015 order 537 order, and the remaining crimes.

Reasons

Punishment of the crime

(Criminal) On August 17, 2012, the Defendant was sentenced to eight months of imprisonment for fraud in the original branch of the Chuncheon District Court. On April 11, 2013, the said judgment became final and conclusive. On April 17, 2013, the Defendant completed the execution of the sentence in the Chuncheon Prison on April 17, 2013.

(2015 order 537)

1. Rent fraud;

A. On July 2, 2012, the Defendant concluded a lease agreement with the victim F on “the 2nd floor building in the 101-dong and 305 of the E Apartment in the original city,” and concluded a false statement with the victim to the effect that the Defendant would receive one-year rent without a deposit from the victim in advance, and that the Defendant would repair the interior work, etc. before the victim moves into the area.

However, the facts are as follows: (a) on November 1, 2010, the Defendant, due to the Defendant’s debt worth KRW 2.7 billion owed to the Seoul mutual savings bank, the Defendant voluntarily decided to commence an auction of the above building in the Chuncheon District Court’s original branch on November 1, 2010; (b) on the other hand, the Defendant did not have any property in bad credit at the time; and (c) on the other hand, even if the Defendant did not receive rent from the injured party due to the criminal facts of fraud, even if he did not refund the deposit amount of KRW

On the same day, the Defendant received from the injured party the delivery of KRW 5 million in total from the Defendant’s H account to the Defendant’s father’s H account, and KRW 10 million in total from the name of the advance payment of rent for rent of KRW 5 million, including KRW 5 million.

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

B. On July 21, 2012, the Defendant called the same victim at his/her own residence and leased the rent on the first floor of the same building at the front of the week.

“A false representation was made.”

However, even if the defendant was paid rent from the injured party, he did not have the intention or ability to rent the first floor of the above building to allow the injured party to use it.

The defendant's account from the victim to the J account of the defendant on the same day.

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