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(영문) 서울중앙지방법원 2017.10.19 2017고단2134
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant: (a) committed as if he/she would normally pay the above hotel accommodation rent at E hotel operated by the Victim D Co., Ltd. D (hereinafter “victim D”) located in Jung-gu Seoul Metropolitan Government; (b) concluded a long-term rental contract with the relevant hotel staff belonging to the victim company from June 27, 2014 to August 26, 2014; (c) concluded a monthly rent of KRW 3 million, which is part of the guest room rent; and (d) paid at KRW 3 million, which is a part of the rent of the guest room; and (b) thereafter, without paying the hotel rent on August 26, 2014, the date on which the contract expires, the Defendant continued to pay the unpaid total amount of rent for the guest room as if he/she would normally pay the hotel rent.

On November 2014, in order to demand the payment of hotel accommodation rent from the employees of the victim company while the term of the lease contract of the guest room has been extended several times by fraudulent means, the above hotel employees of the hotel made a false statement to the employees of the hotel, stating that the above hotel employees of the hotel will present the number of US dollars 100 million issued by the body bank (JPORNCHASSK) 100 million U.S. dollars issued by the mother, and that "the rental fee will be paid in full by December 14, 2014 by exchanging this check."

However, in fact, at the time of running to the above hotel, the Defendant had already been in excess of his/her obligation, and all of the rent paid to the victim company due to the absence of any special occupation, etc., was raised by loaning from them, and even if the Defendant was provided with accommodation services at the hotel, there was no intention or ability to pay the above high-priced hotel accommodation rent, and the check presented to the victim company employees was confirmed as a check that cannot be exchanged, and the Defendant was already aware of such fact.

As such, the Defendant, by deceiving the employees of the victim company, provides accommodation services from June 27, 2014 to December 23, 2015 to the victim company.

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