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(영문) 대구지방법원 2019.01.31 2018고단3477

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[B] The Defendant was using the building located in Daegu Jung-gu (hereinafter “instant building”) in the name of the State from (State)C on March 10, 2017, and was transferred KRW 4.4 million as the monthly rent on July 11, 2017, to F in the name of (State)B, and entered into a rental contract for the said “E” with F in the name of (State)B on June 2017. The Defendant was transferred KRW 15 million as the deposit money to the bank account in the name of (State)B on June 10, 2017, and KRW 4.4 million as the monthly rent on July 11, 2017.

【Criminal Facts】

On June 19, 2017, the Defendant made a false statement to the victim H, “E” located in Daegu-gu, Seoul-gu, to take over the rental contract for the stores located in “E” from the said F, that “E is operating in this building, I are operating in this building, and from this place, E is operating for the next ten years, and thereby making it a Grandmark. For a year, the Defendant made a false statement to the effect that “E will operate the furniture at this place.”

However, at the time of fact, there was a risk of the removal of the building due to the dispute between the owner of the building and the owner of the land, and the (State)B had a plan to terminate the lease contract with the (State)C in the event that the management of the building of this case becomes worse to the extent that it is difficult to properly implement the monthly rent of the building of this case, and (State)B did not give a discount to the (State)C. At any time, the Defendant was planned to leave the victim from the store in the building of this case and to operate the building designated by the Defendant at any time, and thus, the Defendant did not have any intent or ability to have the victim operate the household store of this case for one year.

Nevertheless, the Defendant did not notify the victim of the above situation, and caused the victim to go to the account in the J-owned Enterprise Bank (K) used by F, and 15 million won as the deposit money on June 19, 2017, and 4.4 million won as the monthly rent on July 19, 2017, respectively.