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(영문) 울산지방법원 2014.02.20 2013고단2013

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant is an applicant for compensation, who is an applicant for compensation, with the amount of KRW 45 million.

Reasons

Punishment of the crime

1. The criminal defendant against the victim F is the actual owner of Ulsan-gu G Studio.

On December 8, 2009, the Defendant entered into a lease agreement with the victim on December 5, 2009, stating that the victim and the studio 203 of the above studio 501 were residing in the former for two years from the date of entering into the contract.

However, as to the above room at the time, the provisional attachment of KRW 57,411,090, the right to lease on a deposit basis of KRW 259,000,000 for the maximum debt amount of KRW 250,000,000,000 for the 13 generations, and the right to lease on a deposit basis of KRW 61,00,000 for the 13 generations were established. From around 2007, H resided in the above 203 years after obtaining the fixed date. Since the right to lease on a deposit basis was already established in the name of H, the right to lease on a deposit basis was already not returned to other persons having chonsegwon, even if other persons having chonsegwon had already received the deposit from the victim, the above H and I did not return the deposit to the victim, and there was no intention or ability to return the deposit to the victim

Nevertheless, the defendant made a false statement that he would allow the victim to obtain a fixed date.

As above, the Defendant, by deceiving the victim as above, received 5 million won as the down payment from the victim on December 8, 2009, under the pretext of down payment, 15 million won as the intermediate payment around the 9th of the same month, and received 25 million won in total as the remainder on the 31st of the same month, and received 45 million won as the remainder.

2. Around February 25, 2010, the Defendant entered into a lease agreement with the victim on February 25, 2010 to the effect that the victim and the said studio 201 were residing at KRW 50 million for two years from the date of entering into the contract.

However, as to the above studio at the time, the provisional attachment of KRW 57,411,090, the right to lease on a deposit basis of KRW 259,000,000 for the maximum debt amount, the right to lease on a deposit basis of KRW 560,00 for 12 households was established. As to the above 201, the right to lease on a deposit basis was established from March 27, 2007 under the J’s name.