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(영문) 의정부지방법원 2017.07.20 2016고정2500
사기등
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

C is the owner of Pyeongtaek-gun D and 3-story building, and the Defendant is the lessee who from February 25, 2014, leased the first floor of the above building from C to operate the “E” entertainment center.

1. The Defendant and C knowingly knew that the above building D and C are used as “nivers living facilities and housing,” and thus, they cannot obtain an entertainment shop license. Accordingly, the Defendant also conspired to obtain a lease deposit and premium from the injured party by entering into a lease contract without notifying the victim G who wishes to engage in entertainment shop business on the first floor of the above building, with the Defendant’s business registration and permission to engage in entertainment shop business on the first floor of the above building, by making the aforementioned building “F” which is not once a place of business for the term of lease, which is not once a place of business.

Around January 12, 2016, the Defendant and C entered into a lease agreement with the lessor C, the lessee’s wife, and the victim’s wife H as to E entertainment mainly located on the first floor of the said building without notifying the victim of the aforementioned circumstances. A lease agreement was concluded on the condition that deposit amount of KRW 5 million, monthly rent of KRW 600,000, and 24 months during the lease period. From the same day, C was paid KRW 5 million under the name of deposit amount, and the Defendant was paid KRW 10 million under the name of the premium.

As a result, the defendant and C conspiredd to obtain a total of KRW 15 million from the injured party.

2. On January 19, 2016, the Defendant and C, at the residence of the Defendant and C of the foregoing paragraph (1) of the private document, shall, with the intention of exercising the right, be in colored on the paper of the real estate lease agreement prepared in advance without the H’s consent, and shall be in colored on the paper of the real estate lease agreement; “F of Gyeonggi-do,” “F of Gyeonggi-do,” “F,000,000” in the guarantee gold column, “F,00,000” in the monthly rent column, and “F,00,000” in the column of the contract deposit column, “24 months” in January 15, 2016, and “F,00,000 in the column of the date of surrendering the real estate name.”

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