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(영문) 서울서부지방법원 2014.08.27 2013고단3316
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, around October 8, 2010, leased and operated the restaurant “E” located in Yeongdeungpo-gu Seoul Metropolitan Government D, on condition that the lessor F pay the lessor F a lease deposit of KRW 10 million and monthly rent of KRW 4.5 million, and the amount of KRW 1,30 million invested in the said restaurant is KRW 2,170,000,000 per month, and the said F pays the amount of KRW 1,30,000,000 per month from November 24, 2010 to November 23, 2015.

On November 9, 2011, the Defendant: (a) received all delegations to the victim G (the age of 47) from the lessee F of the E restaurant that he operates in Korea; (b) would allow the restaurant to operate the restaurant from December 20, 2010 to December 27, 2015; (c) said, the Defendant stated that the contract was defective as KRW 90 million, deposit deposit amount of KRW 29,309,000, monthly rent of KRW 2,930,90.

However, the defendant did not obtain the above F's consent to sublease the above restaurant operation right to another person.

As above, the Defendant received 20 million won as part of the premium on the same day from the victim, and 70 million won as the remainder of the premium around November 30, 201.

Then, around December 2, 2011, the Defendant prepared one copy of the real estate lease contract stating that “F (H), Jongno-gu Seoul Metropolitan Government Itel 4.903, Sub-lessee G (K), Yangcheon-gu Seoul Metropolitan Government L 407, telephone M, and monthly rent deposit amounting to 29,309,000, monthly rent amounting to 29,930,900, and from November 24, 2010 to November 23, 2015, the Defendant did not know that the said sub-lease contract was forged on the same day by using computers at the above restaurant, and issued the above contract to G on the same day, and received from the victim KRW 29,309,000 on the same day.

In this respect, the suspect is a copy of the F Real Estate Lease Contract in the name of F, which is a private document on rights and obligations without authority for the purpose of exercising.

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