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(영문) 창원지방법원 통영지원 2017.08.31 2015고단86

사기등

Text

Defendant

A Imprisonment for five years, Defendant B and C shall be sentenced to two years and six months, respectively, and Defendant D shall be sentenced to a fine of KRW 5,00,000.

Reasons

Punishment of the crime

On August 26, 2014, Defendant A made a false statement to Defendant A, “At the office, at L, the owner of the building of the building of JJ K A-A-A-A-A-817 (hereinafter “the instant building”). L is only the simple name of the building of this case, and the actual manager will lease the said building on the face of KRW 60 million.”

However, in fact, the building is owned by L, which is leased by L to M, and M is sub-leaseed to Defendant A on August 25, 2014, and Defendant A does not have a relationship with L 3rd degree-Ka.

Nevertheless, Defendant A, as seen above, by deceiving the said victim and deceiving the said victim on August 26, 2014, KRW 60 million, KRW 10 million on August 27, 2014, KRW 30 million on September 11, 2014, and KRW 14 million on September 12, 2014 (a total of KRW 60 million) received and acquired the money as the deposit for lease.

On December 23, 2013, Defendant A entered into a lease agreement with the victim P 302 at the N Authorized Brokerage Office located at the same time as the victimO on December 23, 2013, Defendant A concluded a lease agreement with the said victim, and the said victim entered into a lease agreement with the said nine households (payment of lease deposit) and entered into a monthly rent agreement with all of the said nine households, and the deposited deposit is only KRW 200 million.

However, in fact, Defendant A entered into a lease contract with all the tenants who moved in the above P building upon receiving the total amount of KRW 890 million from all the above P building, and used all the above deposits as the remainder for the purchase of the above building. Furthermore, Defendant A paid KRW 2,200,000 per month interest on the debt amounting to KRW 500,000,000 at the time, and there was no intention or ability to return it even if Defendant A received the deposit from the above victims because there was no particular money in number.

Nevertheless, Defendant A is the above victim.