beta
(영문) 전주지방법원 2013.09.12 2012고단2455 (1)

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

D is the owner of the building E in the Jeonsi-gu, Jeonju-si, and Defendant A is the person who leased three floors of the above building from D and operated the F Sports Center, and Defendant B is the wife of Defendant A.

On September 23, 2011, the Defendants asked the victim G who wants to report the rent advertisement of the above sports center at the above sports center office and rent it, and Defendant A entered into a contract for transferring the rights of the sports center with the victim and the above sports center amounting to KRW 15 million, premium amounting to KRW 26 million, and KRW 4.1 million from the victim’s account in the name of Defendant A (Account Number: H) on the following grounds: (a) Defendant A entered into a contract for transferring the rights of the sports center with the victim and the above sports center; and (b) around the 24th of the same month, Defendant A deposited KRW 4.1 million in the name of the victim as the down payment.

On October 10, 201, Defendants and D entered into a real estate lease agreement with the victim and D on the third floor of the building at the J real estate office located in Yansan-gu, Seoul Special Metropolitan City, with a security deposit of KRW 15 million and KRW 600,000,000 per month between the victim and D, and Defendant A would receive the remainder of the premium and the lease deposit directly from the victim according to the above right transfer agreement.

However, on September 2, 2011, D had delayed payment of interest on KRW 44.3 million from the National Bank of Korea, and D had established a provisional attachment, which is a creditor's national bank, for the above building. Since from April 201, D had delayed payment of interest on KRW 300 million borrowed from the Korean bank, D had been scheduled to carry out voluntary auction on the above building from the Korean bank. Therefore, even if the victim leased the above sports center, D could not normally operate the sports center or secure the premium and the lease deposit.

As a result, the Defendants conspired with D and did not notify the victim of the above facts, and deceiving the victim.