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(영문) 수원지방법원 성남지원 2016.02.17 2014고단1518

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 2012, the Defendant: (a) stated that “C” restaurant operated by the Defendant located in Seongbuk-gu Seoul Special Metropolitan City, Sungnam-si, Seoul Special Metropolitan City, 121-123; and (b) stated that “C”’s lease agreement is required to borrow KRW 30 million from the damaged party as security; and (c) in the real estate lease agreement form in its possession, the Defendant forged the lease agreement form in its possession with the intent to exercise the right to use the leased property under the name of “E” and presented it to 30,000,000 won in the real estate lease form; (b) 30,000,000,000 won in the real estate lease form; (c) D apartment complex 304-1002 E in the Seoul Special Metropolitan City, Suwon-si Special Metropolitan City; and (d) 1-106,06,000,000 won in order to exercise the right to use the leased property under the name of the lessor.

2. In the above “C” restaurant on July 2012, the Defendant: (a) the Defendant borrowed KRW 30 million from the victim H to “C” restaurant and I points at present; and (b) the deposit amount of the two places is KRW 30 million; (c) the Defendant issued a lease agreement to provide the two places of deposit as security; (d) the Defendant supplied alcoholic beverages from the JJ that is the company of which the victim attends; and (e) the borrowed KRW 30 million shall be repaid in the amount of KRW 30 million each month.

“A false statement” was made.

However, in fact, the Defendant engaged in the business with K, which is the owner of the building, divided profits into four to six, and paid KRW 30 million on the condition of the use of the place of business, but this did not have been paid as a security deposit, and thus, it did not have received a lease contract from K. The amount of KRW 30 million on I was in arrears with approximately KRW 7 million monthly rent for three months at around that time, and there was a clear situation that it could continue to operate a restaurant due to the failure to pay approximately KRW 15 million on bonds, KRW 15 million on food materials, labor expenses, and KRW 8 million on food materials.