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(영문) 수원지방법원 2016.07.13 2015고단4620
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

Defendant

On October 8, 2009, with respect to C Apartment 1203 (hereinafter “instant apartment”), the establishment of the right to collateral security, etc. of the maximum amount of 340,800,000 won (284,000,000 won) in the name of a new bank that was a stock company around October 8, 2009, and on April 30, 2013, the provisional attachment registration of 38,565,240 won was completed in the name of the KFF bank in Korea.

The Defendant entered into a lease agreement with the victim F and the apartment of this case to be leased each of the terms from October 15, 2013 to December 29, 2015 at the E-official brokerage office located in Da, 106 around October 15, 2013, with the victim F and the apartment of this case to be leased KRW 100,000,000, monthly rent, and the lease term from December 30, 2013 to December 29, 2015, and the Defendant entered into such agreement with the victim as above. The provisional attachment registration established in the apartment of this case was cancelled at around February 2014 and paid KRW 65,00,000 in addition, the former deposit will be changed to the former lease deposit of KRW 165,00,000,000.

In order to secure the deposit money for the lease on a deposit basis, the mother would establish a lease on a deposit basis with the deposit money for the lease on a deposit basis on the instant land and building owned by G (hereinafter “the instant land and building”).

Even if the provisional attachment registration is not cancelled, the right to lease on a deposit basis shall be established with the deposit of KRW 100,000,000 for the existing lease deposit in the land and building of this case.

“The promise was made to the effect that it was “.”

However, the Defendant’s mother, on behalf of the Defendant, returned the lease deposit to the former lessee regarding the instant apartment on behalf of the Defendant. As such, the Defendant established a right to lease on the instant land and buildings only when the Defendant, his mother, entered into an obligatory lease contract of KRW 165,00,000 with respect to the instant apartment from G, and KRW 165,00,000 has been paid to G through the Defendant.

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