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(영문) 서울남부지방법원 2016.07.13 2015고단3024

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2014, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Central District Court on September 25, 2014, and the said judgment became final and conclusive on October 3, 2014.

The defendant is the representative director of the F Co., Ltd. in Guro-gu Seoul Metropolitan Government and the actual representative of H with the fourth floor G 501 in Ansan-si, Seoul Metropolitan Government, who conducts real estate rental business.

On October 15, 2010, the Defendant entered into a contract on the rent of officetels between the victim D and the victim D to KRW 110,000,000,000 and the contract period from December 31, 2010 to December 30, 2012 with respect to officetel 105, 517, Dong-gu Seoul Metropolitan Government Itel 105,000,000 won, and received KRW 110,000,000 from the victim.

On November 1, 201, when the injured party was residing in the above 517, the defendant had difficulty in selling the victim's "in order to trade the above 517 subparagraph" to the injured party as a tenant.

517 No. 517, and the J building owned by the director at H on the Jeju Myeon of the same building as Itel 403, which is the same building, shall be sold and sold, and the deposit KRW 110 million shall be returned to the Haman on May 2012 by the purchase price.

On November 17, 2011, in order to secure the right to return the deposit of KRW 110 million on January 10, 201, the victim made the victim a director under the above 403 on November 17, 201, the said Jtel set up a collateral security right with the maximum amount of KRW 110 million on the claim, and the mortgagee D on January 10, 2012.

On September 2012, the Defendant had difficulties in selling buildings due to the right to collateral security created by D in F office around September 2012 by the victim.

In order to terminate the right to collateral security, the security deposit will be immediately returned by selling and selling the J building.

“The victim, on September 17, 2012, kept the documents of termination of the right of termination in the certified judicial scrivener office in Dongjak-gu Seoul Metropolitan Government K 206, and on November 3, 2012, the injured on November 3, 2012 is once out of the deposit to the defendant.