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(영문) 울산지방법원 2020.01.09 2019고단2329

사기

Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. The Defendant, a person who had operated B Co., Ltd., constructed Ulsan-gu building in the name of the said company, but failed to pay construction cost to construction business operators who participated in the construction, voluntarily decided to commence the auction of certain units of the above building. The above building D was awarded a successful bid on April 1, 201 and its ownership was transferred to E and F, and the building G was transferred under the name of H (E) on November 15, 201.

Afterwards, from around 2011 to around 2015, the first and 12 construction business operators, who were not paid the construction cost, asserted a lien on the above building, the Defendant was working as if he had a legitimate authority to exercise a lien on behalf of other construction business operators despite the absence of any grounds for claiming a lien on the above building, and the lawsuit for confirmation of existence and existence of a lien filed by E and F against the said construction business operators became final and conclusive as part of the E and F in favor of the said construction business operators on April 13, 2015. In particular, in the above civil lawsuit, it is confirmed that there is no evidence to acknowledge a lien by the construction business operators on the above building D and H, so the Defendant was well aware that the said building D and H subparagraph of this building cannot exercise a lien on behalf of the construction business operators.

B. Around June 18, 2016, the Defendant entered into a lease agreement with the victim K as if he were the legitimate owner under the above building D, even though he did not have the right to enter into a lease agreement on the above building, the Defendant: (a) executed the lease agreement with the victim K as if he was the legitimate owner under the above building D; and (b) entered into the lease agreement with the victim for KRW 7 million and KRW 300,000 per

In other words, the Defendant received KRW 7,300,00 from the victim on a monthly basis as deposit and monthly rent from the victim, as well as from January 30, 2018, the monthly rent and deposit amount are 20 times in total, as shown in the annexed Crime List (1).