(영문) 서울중앙지방법원 2017.01.13 2016고단2092

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(영문) 서울중앙지방법원 2017.01.13 2016고단2092

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the representative director of D(C) corporation.

In September 2014, the Defendant purchased this building by selling the land in the nature of the building to the victim F of Gangnam-gu Seoul E building in 502, “The Defendant has a lien on 502 units of the E building and the land in the nature of the building.”

In order to lend and use the office of 502, if there is only KRW 30 million, it may be used without monthly rent or management expenses, and some of the office of 502 will also be used.

If a building is purchased, it is possible to use it as the 5th floor, 6th floor, Maternity, and there is no problem to return the rent deposit.

“The purpose of “ was to make a false representation.”

However, at the time, the Defendant was in the state of having no special revenue and property as a sum of KRW 20 million from personal debt to KRW 30 million, and was not the lien holder for the above E building 502. Moreover, there was no sufficient means to accept the above E building, and there was no need to pay monthly rent in addition to the rent deposit in the lease of the above office, but there was no need to pay monthly rent in addition to the rent deposit. However, even if there was no possibility to pay monthly rent in the lease of the above office, it was known that even if the legal relationship of the above E building is complicated and there was a large number of lien holders, the right relationship of the above E building cannot be refunded even if the owner of the above building was to receive the rent deposit due to the complicated lien and there was no possibility to receive the rent from the owner of the above building. In the event of receiving the money under the name of the rent from the victim

Nevertheless, the Defendant, as seen above, obtained the victim’s false statement, and acquired the victim’s above 502 worth of KRW 10 million on September 26, 2014, KRW 20 million on October 10, 2014, and KRW 30 million on a total of KRW 10 million from the victim.

Summary of Evidence

1. Statement by the defendant in court (the first trial date);

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Each statement of F, G, and H in the second interrogation protocol against the defendant, 1.

유사 판례

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-서울남부지방법원 2018.03.29 2017고단5298

-서울중앙지방법원 2014.05.23 2014노906