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(영문) 울산지방법원 2013.04.11 2012고단618 (1)
사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2012 Highest 618]

1. Although the Defendant did not have obtained the lessor’s permission to sublease the first floor of the building located in Ulsan-gu F, Ulsan-gu, Seoul-gu, which was leased by the lessor E, the lessor also consented to the lessor of the building when he leases the building to a sub-lease with D and the first floor of the building on November 22, 2011 when he entered into a sub-lease contract with the Defendant on the first floor of the building in the foregoing building on November 22, 201.

E. “H” and the seal affixed E’s seal, and the Defendant knew of the circumstances. As seen above, the Defendant forged and exercised the part of the private document, which is a private document on rights and obligations in the name of E. The Defendant forged and exercised it. 2. At the same time and place as above, the Defendant would sublet G real estate leased and used to the victim D with a sublease deposit at KRW 15 million.

It is difficult to see whether the lessor has paid the rental deposit of KRW 30 million, and the status of the sub-lease has been permitted by the lessor.

‘Falsely speaking, I suggested a counterfeited sub-lease contract as above.

However, as above, the Defendant did not have been authorized by the lessor E as to the sublease and did not pay the rental deposit at all, so there was no intention or ability to establish the right to the normal sublease for the victim.

Ultimately, around November 25, 201, the Defendant, by deceiving the victim as above, received 10 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant and acquired it by deceiving the victim.

[2012 Highest 986]

1. On September 29, 201, the Defendant made a false statement that “The Defendant borrowed money from the victim J to purchase the remaining apartment house in Ulsan-gu North Korea, Ulsan-gu, Seoul-gu, with the victim J, because the down payment is insufficient to purchase the remaining apartment house.”

However, even if the defendant received money from the victim, the defendant is above.

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