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(영문) 의정부지방법원 고양지원 2018.06.21 2018고단468
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

[criminal records] On July 21, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. on July 21, 2017, and the judgment became final and conclusive on December 22, 2017. On November 16, 2017, the Defendant was sentenced to two years of a suspended sentence of imprisonment with prison labor for six months for fraud, and the judgment became final and conclusive on November 24, 2017.

[Criminal facts]

1. On August 201, 201, the Defendant was able to change the name of the Defendant in the name of the victim E within six months to one year, when he/she becomes aware of the management staff and the lessee of the public rental apartment Co. 6 complex 604 Dong 1303, which is a public rental apartment.

It is intended to change the right of lease in the name of F on the face of the fee and the deposit money for lease.

“The phrase “ was false.”

However, the above apartment house is a rental house supplied by the Korea Land and Housing Corporation by leasing through the method of a lease contract, and because all the members of the household of a rental house move into the rental house due to the reasons such as the work, occupation, or treatment of disease after moving into the rental house, it is impossible to transfer or sublease the right of lease to another person unless the lease is transferred from the Korea Land and Housing Corporation, which is the rental business operator, and even if the lesseeF received the lease deposit and fee from the damaged party due to the lack of legitimate reason of lease transfer, there was no intention or ability to change the name of the lease right

Nevertheless, the Defendant deceiving the victim as above and caused the victim to transfer KRW 5 million as the down payment around July 11, 201, and KRW 32.3 million as the intermediate payment around July 22, 201, to G account in the name of the part payments around July 22, 201, and around that time, the Defendant paid KRW 50 million in checks to F, and received KRW 12.7 million in cash from the victim and received KRW 12.7 million in total from the victim.

2. In 2014, the Defendant, as in paragraph 1, was a public rental apartment that was leased under F’s name, 604.

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