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(영문) 서울서부지방법원 2015.01.29 2014고정1426
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who has operated a restaurant under the trade name “D” by leasing Jongno-gu Seoul Metropolitan Government building C.

On November 2011, the Defendant entered into a lease agreement with the victim E, a representative of the building owner, with a deposit of KRW 30 million, monthly rent of KRW 1.2 million.

On November 2011, the Defendant took out a loan of KRW 25 million from “high price M”, and transferred a claim for the refund of a security deposit under the said lease to another IM, and prepared a notice of the transfer of a security deposit, but did not immediately discover the provision for the restriction on the transfer of the relevant claim and did not make any actual notice.

On January 2012, 2012, the defendant did not pay the loan, and the defendant was requested to the court as the debtor, and the owner of the building who was a lessor as the third debtor and was ordered to attach and attach the lease deposit claims.

On January 2012, the Defendant responded to the purport that “I am about how I am about I am about I am about how I am about I am about I am about I am about I am about I am about how I am about I am about I am about I am about I am about I am about I am about I am about I am about.”

On June 4, 2013, the Defendant received 13,801,300 won as the name of the Defendant’s account of community credit cooperatives under the name of the Defendant, after deducting the monthly rent from the smuggling and deducting the monthly rent of the same day from the victim who believed to have been resolved all the above seizure problems. The Defendant received 13,801,300 won as the name of the refund of the remaining lease deposit after deducting the monthly rent of the same day from the victim.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of the accused by the prosecution (including the statement in E);

1. Claim attachment and assignment order, content of case progress, inquiry inquiry reply, contract for acceptance of lease deposit, notification of assignment of claim, written consent of an assignment order of deposit;

1. Investigative Report (Submission of Certificate of Service).

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