(영문) 서울중앙지방법원 2014.01.17 2013고정246

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(영문) 서울중앙지방법원 2014.01.17 2013고정246

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Defendant

A shall be punished by a fine of KRW 500,000, and by a fine of KRW 1,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The Defendants leased the lease deposit of KRW 50 million from D on July 3, 2008, and KRW 2.7 million from the monthly rent to KRW 148 square meters from the building owned by D on July 3, 2008, and operated a restaurant with the trade name “E” until March 19, 2012.

On January 30, 2012, the Defendants, who received the donation of the above building from D and the victim F, lost the name of the building that the victim F, who received the donation from D, against the Defendant A in the lawsuit against the Defendant, and was urged to pay that the building was delivered and overdue.

1. The Defendants’ fraud means, around March 19, 2012, Defendant A’s phone called to the victim and delivered the leased building on a monthly rent of KRW 50 million. The following day, Defendant B intended to pay the lease deposit at the above restaurant located in Jung-gu Seoul Special Metropolitan City with the face value of KRW 30 million and KRW 20 million in cash. Defendant A stated, “I do not know that it would not suspend payment of KRW 30 million.” Defendant A intended to deposit the lease deposit with the victim “I would like to do so immediately after receiving money, I would like to do so.” Defendant A exchanged the above one in cash, and received KRW 50 million from the victim’s place of lease deposit.

However, in fact, even though the Defendants knew that they want to pay the lease deposit by a check that can be suspended from payment in preparation for cases where the victims are unable to receive the overdue rent from the Defendants, or deposit the lease deposit under the condition that they are paid the overdue rent. However, even if the full amount of the lease deposit was received, the Defendants did not immediately intend to pay the overdue rent of KRW 990,000 until the time, and thus, to receive the full amount of the lease deposit from the victims, the Defendants did not pay

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