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(영문) 인천지방법원 부천지원 2019.08.23 2019고단382
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On November 2, 2018, the Defendant was sentenced to two years of imprisonment for a crime of fraud in the Vice-Support of the Incheon District Court. On July 16, 2019, the said judgment became final and conclusive.

【Criminal Facts】

On April 11, 201, the Defendant entered into a lease contract with the victim D and the above apartment building E in Gangseo-gu Seoul Metropolitan Government office on April 11, 201, with a deposit of KRW 250,000,000, and a deposit of KRW 3 years for the lease contract period.

After that, on April 10, 2014, the Defendant paid KRW 50,00,00,000 to the victim, respectively, on July 9, 2014, when he/she had left the said apartment on the expiration of the foregoing lease contract and the victim left the said apartment, and on July 9, 2014, at the law firm G office located in Gangseo-gu Seoul Metropolitan Government F, stating that “any other house will be repaid by disposing of it. It may be repaid with operating profit by leasing the apartment,” and thereafter, on July 31, 2014, Article 2 (Period and Method of Payment).

Article 5 (Compensation for Delay) When the debtor delays the repayment of the above amount, damages for delay shall be paid to the creditor at the rate of 24.0% per annum to the delayed amount.

If a debtor under Article 7 falls under any of the following subparagraphs, he shall, upon a motion of the creditor, lose the benefit of time for the above obligation, and immediately repay the remaining debt and money division:

3. If the obligor has breached any of the provisions of this Agreement; or

1. The surety has agreed to guarantee the debtor's obligations under this Agreement and to discharge jointly and severally the debtor's obligations.

Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognize the absence of objection immediately even if compulsory execution has been enforced.

(Joint Guarantee) Co., Ltd., H representative director A, prepares a notarial deed of debt repayment (Quasi-Loan for Consumption).

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