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(영문) 서울중앙지방법원 2016.09.30 2016고단4297
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 28, 1995, the Defendant was sentenced to 20 years of imprisonment with prison labor for robbery, etc. at the Seoul High Court on August 14, 2012, and the parole period passed on July 4, 2014.

The Defendant’s written indictment on October 23, 2014 stated “ October 3, 2014” is obvious that it is a clerical error in light of evidence, and thus, ex officio correction is made.

O entered into a lease agreement with theO to lease KRW 240 million (hereinafter referred to as “the lease agreement of this case”) with respect to the 102-dong 1403 apartment units (hereinafter referred to as “the apartment unit of this case”) in Seongbuk-gu P, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu (hereinafter referred to as “the lease agreement of this case”).

However, since the lease contract of this case was concluded by the defendant without the intention to actually move into the apartment of this case, the defendant was not an intention or ability to change it, even if the purpose of the lease contract was to obtain a loan from the financial institution to the owner of the apartment of this case, even if it was to obtain a limited amount of money from the financial institution, it was paid to theO, who was the owner of the apartment of this case, and immediately received the return, and

However, on October 28, 2014, the Defendant andO presented to an employee of the lending counseling center's name, who is separately established at the same time a written lease contract of the instant lease contract, which was made with the victim our bank located in Seocho-gu Seoul Metropolitan Government (hereinafter "victim bank"), located in Seocho-gu (hereinafter "the victim bank"), from the beginning of the beginning of the beginning of the beginning of the year to an employee of the lending counseling center, which was created in writing, and the Defendant believed that the Defendant would actually move into the instant apartment. On the other hand, theO believed that the Defendant would have established a pledge right on the claim for the return of the deposit of the instant lease deposit of the instant apartment, thereby making the victim bank wired KRW 192 million to the account in the name of theO as the deposit money for the lease on the 31st of the same month, and managed the said account immediately thereafter.

The name of the defendant is 190 million won from Q.

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