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(영문) 서울중앙지방법원 2013.04.26 2013고단1197
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 10, 2010, the Defendant entered into a lease agreement with G and F shopping mall’s president, who is the head of the F shopping mall in Jung-gu, Seoul, to lease the part of the building of the 6th floor from the 2nd basement to the 1 billion won above ground. The Defendant paid the payment guarantee certificate under the above payment guarantee certificate with H’s security provision of the 200 million won below the down payment guarantee. However, the payment guarantee certificate under the above payment guarantee certificate was already invalidated on September 1, 2010 due to H’s failure to perform the obligation to provide collateral, and the above lease was in a situation where the above lease was not maintained. Moreover, the dispute between G and the existing management body of the F shopping mall and G’s president, which caused disputes over the management of the F shopping mall, and thus, it was impossible to legally receive the above part of the F shopping mall’s building from the above operation meeting, and the Defendant did not have the ability to pay the funds from others at the time of borrowing.

1. On November 10, 2010, the Defendant, at the 4.10 head office of the Jung-gu Seoul Metropolitan Government building 4.10, planned to remodel the victim T to operate a ice store in the F shopping mall. The Defendant, who borrowed KRW 10,000,000 from the F shopping mall, made a false statement that “The Defendant would pay within 100,000 won and give a subcontract for electrical construction equivalent to KRW 300,000,000,000 to the account of community credit cooperatives in the name of the Defendant on the same day from the victim, acquired the money from the victim.

2. On March 9, 2011, the Defendant concluded a sub-lease contract to the effect that “The Defendant, at the Gangnam-gu Seoul Metropolitan Government Office 301 U.S. office, shall lease the victim V after altering the purpose of use within 2 weeks to use the F shopping mall store 508 square meters as dancing space.” The Defendant leased the victim and the above 200 million won store in lease deposit and the above 20 million won store in rent.”

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