(영문) 광주지방법원해남지원 2020.11.05 2020고단236

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(영문) 광주지방법원해남지원 2020.11.05 2020고단236

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 20, 2018, the Defendant entered into a lease contract on behalf of the Plaintiff on behalf of the Plaintiff, who is entirely in charge of the receipt and return of deposit money, and entered into a lease contract with the Victim F with respect to the said officetel E, on August 22, 2019, with the victim as the person having chonsegwon as the person having chonsegwon, and completed the registration of the establishment of chonsegwon on behalf of the said officetel E, with the lease deposit amount of KRW 75 million.

On October 21, 2019, the Defendant entered into a false statement with the victim to the effect that “new tenant and E was first paid KRW 30 million, which is a part of the deposit money for lease on a deposit basis, 75 million in the face of cancellation of the registration of the establishment of chonsegwon, and the remainder of the deposit for lease on a deposit basis shall be immediately returned if the tenant pays the remainder.”

However, at the time of fact, the Defendant was liable for a loan worth KRW 60 million without any particular profit, and there was no need to pay the remainder of the deposit to the victim even if the victim cancels the registration of the establishment of a right to lease on a deposit basis because there was no intention or ability to return the remainder of the deposit to the victim even if the victim cancels the registration of the right to lease on a deposit basis because it was paid by the new tenants of the above subparagraph 75 million won.

Nevertheless, the Defendant deceiving the victim as above and caused the victim to cancel the registration of the establishment of chonsegwon on October 21, 2019, but did not pay the victim the remainder of 45 million won, thereby gaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Standard form lease contract;

1. Full certificate of the registered matters;

1. Copy of a statement of performance of the deposit money; and

1. In case of telephone conversations for investigation report tenants;

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