beta
(영문) 서울중앙지방법원 2014.05.15 2013고단6942

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of operating telecomel.

On August 17, 2012, the Defendant: (a) at the D Licensed Real Estate Agent Office located in Ulsan-gu, Ulsan-gu; (b) “B would have the victim E operate the business immediately by leasing the telecom because it is the owner of Gelhere in the Republic of Ulsan-si, Busan-si; (c) would cancel the establishment of the right to collateral security, but if the right to collateral security is established, the right to collateral security will be created in the second order of the bank following the second order; (d) would guarantee profits up to the second half of each month; and (e) would be paid after deducting the lease deposit from the monthly rent if the right to collateral security is known; (e) KRW 350 million from the monthly rent; (e) KRW 150 million from the down payment; (e) KRW 200 million from the remainder; (e) KRW 4.5 million from September 25, 2012 to September 25, 2014.

However, in fact, the Defendant: (a) leased the Hemotour in Kimhae to I; (b) provided that 32 billion won should be leased to I; (c) provided that he had the promise to sell and purchase the above Gmotour; and (d) provided that I had the above I with profit by operating the above motour; (b) provided that I could not transfer the right to operate the Motour to the victim; (c) provided that if I could not fully pay KRW 32 million, he could not transfer the right to operate the Mamoto; and (d) provided a valid lease agreement until he received money due to the failure to pay KRW 75 million to J who is the mortgagee of the above Mamoto; and (e) there was a set-mortgage of KRW 1 billion in return for the Mamotour owned by the Defendant; and (e) there was no intention or ability to operate the Mamo even if having received money from the victim.

Nevertheless, the defendant deceivings the victim as above and receives 150 million won as contract deposit from the victim on the same day.