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(영문) 서울서부지방법원 2014.09.03 2014고정1086

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 25, 2012, the Defendant concluded a real estate lease agreement with the victim D (Inn, 40 years of age) of Yongsan-gu Seoul apartment building C, Yongsan-gu, Seoul, to the effect that “The Defendant would make a conversion of the monthly rent to the end of the year by the end of the year, if the lessee wishes to do not know about the establishment of a right to collateral security for the maximum amount of KRW 192 million on the original claim,” while entering into a real estate lease agreement with the head of Yongsan-gu Seoul, Yongsan-gu, Seoul, which is located in Yongsan-gu, Seoul.

However, at that time, the auction procedure had already been commenced on August 16, 2012 with respect to the 301studio of the same apartment house building owned by the defendant, which was established in the future of the same community credit cooperative, with respect to the 301studio of the 301studio on the basis of the right to collateral security established in the future of the same community credit cooperative. The 202studio also was planned to commence the auction procedure. At that time, the 582 billion won total of the maximum debt amount for the above 3studio as well as the above 302studio was set respectively, but since around May 2012, the defendant was in arrears with the interest on the loan obligation, and there was no income source to be commencement of the auction immediately about 302.

In addition, Article 302 of the Housing Lease Protection Act (hereinafter "Housing Lease Protection Act"), even if the tenant was residing in the monthly rent of KRW 10 million but he/she received a new increase in the deposit for lease from the victim, he/she could receive the first priority repayment within the limit of KRW 25 million, but it was unclear whether the remainder of the deposit could be preferentially reimbursed in the auction procedure due to the senior mortgage.

Nevertheless, the Defendant entered into a lease contract with the victim by setting the lease deposit amount of KRW 250,00,000 per month from October 20, 2012 to October 20, 2013 (12 months) with respect to the 302 studio above 302, and the lease contract between October 20, 2012 and October 20, 2013. The remainder of the lease contract amount of KRW 20,000,000 as the contract deposit for the same day and October 20, 2012.