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(영문) 대구지방법원 2014.10.23 2014고단877
사기
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant leased 202 units of the above building to D around April 20, 2008 and obtained a fixed date as of April 25, 2008, and leased the above building Nos. 33,00,000 won to D. Around April 20, 2008, the Defendant leased each unit of the above multi-family house to many tenants, including E and F, from around that time to September 2012.

In such a case, where each household of the above multi-family house is leased, the defendant is obligated to notify the other party to the transaction in good faith who intends to rent the house of important transaction facts, such as the details of the right to the above multi-family house. In particular, in cases where the lessee who has already leased the above multi-family house has the right to preferential reimbursement due to obtaining a fixed date, etc., the lessee is obligated to notify the current status, etc. of the lease of the above multi-family house,

In fact, the Defendant registered the establishment of a right to lease on a deposit basis with the maximum lease deposit amount of KRW 40 million for one household among the two households of the two sub-households of the above multi-family house. The remaining one household is not only the tenant D obtained a fixed date but also the tenant D has the right to preferential reimbursement because it is a small lease deposit. Thus, if the victim, other than the person having chonsegwon, was notified of the fact that the victim was the tenant, the victim would have not leased the first floor of the above multi-household house or leased the house by lowering the amount of the lease deposit, but on September 28, 2012, the victim and the first floor of the above multi-family house in the office of H Licensed Real Estate in Daegu-gu, Daegu, as of September 28, 2012, did not notify the fact that there was a tenant D who has the right to preferential reimbursement in concluding the lease contract by setting the lease contract amount of KRW 4 million,00,0000,000 from the down payment to the victim.

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