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(영문) 수원지방법원 2017.06.20 2016고단7964
사기
Text

Defendant

A Imprisonment for two months, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Criminal facts

[criminal history] Defendant A was sentenced to imprisonment with prison labor for two years on August 18, 2016 for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on December 30, 2016.

Defendant

B On October 21, 2015, the sentence of imprisonment with prison labor for four months as a crime of fraud was sentenced to a two-year suspended sentence, and on October 29, 2015, the said sentence became final and conclusive.

[2] Defendant A owned No. 813 of the 8th floor of the 1989, and entrusted the above real estate to the land trust company around April 3, 2014.

Accordingly, in the case of the above real estate, if Defendant A entered into a lease contract at will without the consent of the land trust company that is the trustee, the validity could not be asserted to the trustee, and even if the lessee could not file a move-in report, etc. on the above real estate, Defendant A attempted to conceal such fact, to use the above real estate for the repayment of his/her obligation with the money for the deposit deposit, to request E to invite the lessee of the above real estate, and to request E to enter into the lease contract on behalf of Defendant B who was well aware of such circumstance. Defendant B consented thereto.

According to the above public offering, Defendant B entered into a lease contract with the victim F, who was in E at the sales office located on the fourth floor of the above D-B around July 14, 2015.

If rental deposit of KRW 25 million is paid, officetel 813 was leased until July 13, 2016 and received a move-in report and a final date.

However, at the time, the above real estate was entrusted to the land trust company of Korea, and the ownership transfer registration was made in the name of the land trust company of Korea, and the lease is made against the victim.

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