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(영문) 수원지방법원 안산지원 2017.11.29 2017고단1237

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 2013, the Defendant would allow the victims E to immediately start the door or business of the building, and the said building and land to be owned by B, deposit KRW 15 million, monthly rent KRW 100,000,000,000, and KRW 100,000,000,000,000,000,000,000,000 won.

The lease deposit is guaranteed in accordance with the Protection of Lease Act, and the lease contract was concluded with the above contents.

However, in fact, the Defendant entrusted the above land around September 27, 2012, the above building around October 26 of the same year, and each Asian Trust Co., Ltd. under a trust agreement with each Asian Co., Ltd., which concluded a lease contract on the above trust building, the Defendant did not obtain prior consent from the Asian Trust, which is the trustee, but did not notify the victims of this fact, and did not have the intent or ability to lease part of the above building to the victim, and there was no intention or ability to return the lease deposit.

As such, the Defendant, by deceiving the victim, received KRW 15 million from the victim as the deposit money for lease on October 25, 2013 as well as from August 201, 2013 to November 201, by receiving KRW 125 million in total as the deposit money for lease from seven victims, such as the statement in the list of crimes in the same manner from August 25, 2013 to November 2013.

Summary of Evidence

1. Each legal statement of the witness F, G, H, E, I, J, K, and L;

1. Each lease agreement;

1. A real estate trust contract, etc.;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes and Article 9 (2) of the Real Estate Security Trust Agreement between the Defendant on conviction and Asian Trust Co., Ltd. provides that “A truster has no prior consent from the trustee.”