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(영문) 대구지방법원 2018.07.24 2018고단60

사기

Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. The Defendant: (a) leased the first floor of the Daegu Suwon-gu Building E owned by the Defendant under the name of G, the wife of the Defendant; (b) and (c) leased the said floor to “E: Lessee; B; (c) from April 30, 2013 to April 29, 2018; (d) “50,000 won for rent”; and (c) “3,00,000 won for rent” as the special terms and conditions, and (d) the lessor concluded a lease agreement with the effect that “The lessor shall not be recognized, and the lessee shall not transfer or sublet the right to lease to another person within the period,” and the Defendant could not, in advance, transfer or sublet the right to lease the said building without the lessor’s prior consent.

Nevertheless, on February 10, 2014, the Defendant was allowed to transfer the right of lease and sub-lease from the lessor who is the owner of the building to the victim J at the I Authorized Brokerage Office located in Suwon-gu, Daegu, Daegu, as of February 10, 2014, and concluded that the building was leased KRW 90 million and KRW 50 million.

As such, the Defendant, by deceiving the victim, entered into a real estate lease agreement with the victim in his/her place and entered into such agreement, and KRW 5 million under the name of a part of the victim as premium, and the same year.

2. 17. The remaining premium in the same year: 85 million won and the same year.

3. 1. Partial deposit: 30 million won and the same month;

2. The person has been granted 19 million won as the remaining security deposit;

2. Determination

A. According to the evidence submitted by the prosecutor, the Defendant leased the first floor of the building F of the Daegu Suwon-gu Building (hereinafter “instant building”) from E on April 30, 2013, and at the time of the lease agreement, the Defendant entered into a special agreement with the following: “At the time of the lease agreement, the Defendant may not transfer or lease the instant lease agreement to a third party within the prescribed period; the Defendant decided to transfer the instant lease agreement to J on February 10, 2014; and the Defendant received the leased deposit and premium as stated in the facts charged.

(b) However, the following are known by the record: