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(영문) 춘천지방법원 강릉지원 2013.05.23 2012고단1042
사기
Text

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

However, 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

The defendant is the owner of a studio building in Gangnam-si C, Gangnam-si, the third floor of which is located in Gangnam-si.

On February 26, 2012, the Defendant stated that “this studio building is an internal owner, and there is no problem in the building” to the victim D, who was found in the Defendant’s house located on the third floor of the building above, that “this studio building is an internal owner, and there is no problem in the building. When a lease contract was concluded for a year between KRW 20,000 and KRW 1,000, the lease period will be guaranteed, and the deposit will be returned at any time

However, on December 15, 201, the above building was under way of auction according to the voluntary decision to commence auction of the Chuncheon District Court Branch E branch office, and thus, the Defendant was obligated to notify the victim of the fact that the auction of the above building was in progress. However, the Defendant did not notify the victim of this fact.

As above, the Defendant, by deceiving the victim as above, entered into a lease agreement with the victim to the above building 105, and received the remittance of KRW 20 million as a deposit for lease on March 26, 2012.

The Defendant is the owner of the studio building with the third floor located in Gangnam-si, Gangnam-si.

On February 20, 2012, the Defendant made a false statement to the victim F, who was found in the Defendant’s residence located on the third floor of the building above, stating that “No problem exists in this studio building owner. There is no problem in the building. The term of the lease shall be two years, the term of the lease shall be guaranteed if the contract is entered into with a deposit of KRW 20,000,000, and the deposit shall be returned without any problem.”

However, on December 15, 201, the Defendant was obligated to notify the victim of the fact that an auction of the building was in progress according to the E voluntarily decided decision to commence the auction of the building, and thus, the Defendant did not notify the victim of the fact that the building was in progress.

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