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(영문) 전주지방법원 2016.10.26 2016고단525
사기
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1. The defendant A shall be punished by imprisonment for six months;

2. Defendant B shall be punished by imprisonment for six months;

provided that this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the lessee of the “L” shopping district located in K in Y in the Jeonsan-gu Seoul Special Metropolitan City, J, and Defendant B is the representative director of J on October 18, 2010, who leased the above shopping district to Defendant A in KRW 125 million and KRW 9 million monthly rent, around October 18, 2010.

At around 12:00 on May 13, 2015, the Defendants made a false statement to the effect that “A will repay the amount of KRW 125,00,000,000 to the victim M without molding three months after lending the amount of KRW 125,00,000 as security,” and Defendant B made a false statement to the effect that “A shall not have any seizure on the deposit for lease, and A shall not have any monthly rent.”

However, in fact, Defendant B filed a claim suit against Defendant A, the spouse of the above commercial building, including the delivery of the above commercial building. On February 13, 2015, Defendant B was ordered by the Jeonju District Court to pay approximately KRW 145 million in total, such as the delivery of the above commercial building and the rent, and to pay KRW 14 million in monthly from October 31, 2014 to the completion date of the above commercial building delivery. In addition, Defendant A consented to the transfer of the claim for the refund of KRW 30 million out of the lease deposit from Defendant A by the third debtor on May 13, 2013, and Defendant A did not have any other property and did not have any intention or ability to pay the lease deposit even if no other property was available from the victim.

Nevertheless, the Defendants conspired with the victim to make a false statement, and acquired 60,762,00 won from the victim’s account in the name of N on the same day, and acquired 70,262,000 won in total from the Defendant’s new cooperation account in the name of the Defendant A around the 14th day of the same month.

Summary of Evidence

1. Defendant A’s legal statement and part of Defendant B’s legal statement

1. The witness M. A.

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