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(영문) 서울중앙지방법원 2014.10.10 2013고단6330
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the vice president of the Corporation F (F, hereinafter referred to as the "F") established for the purpose of leasing real estate.

around July 2011, the Defendant entered into a contract with the victim H of the G Building 501 in Seoul Gwangjin-gu, Seoul, with the ELS case, under which the victim HF was located in Dongdaemun-gu Seoul Dongdaemun-gu I.

In order to carry out the above removal works, KRW 150,000,000 to be paid to F is necessary, and if the removal works are leased KRW 50,000 to it, it would be possible for the victim to proceed with the said removal works.

In addition, it is problematic to use the F's corporate account when it is deposited into the F's corporate account, so it is false that F's registration director should deposit into the private account of 30% of the equity right holder.

However, with respect to the above building that the defendant contracted for the removal construction, around June 201, F only secured 60% of the sectional ownership in the public sale procedure, and with respect to part of the shop in which ownership has not been secured, it was difficult for F to obtain consent from the owners of the remaining commercial buildings because legal relationship is complicated due to the lack of interested parties by claiming a lien, etc. Even if consent is obtained, the problem of repayment of management expenses up to the number of billion won in arrears should be resolved together. Therefore, it is very unclear whether the above removal construction can be carried out within the nearest time, and the defendant is not the F's registered director or the right holder of 30%, and even if he is expected to use it as personal debt repayment, etc., rather than the contract deposit to pay the F for the removal construction even if he is paid the money from the victim, even if he is paid the money from the victim, there was no intention or ability to pay the above money.

Nevertheless, on August 8, 2011, the Defendant belongs to the victim, with the account (Account Number: K) in Korea under the name of the Defendant, 50 million won.

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