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(영문) 서울중앙지방법원 2016.12.23 2016고단476
사기
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is a person engaged in the construction business, and the defendant tried to sell the studio real estate in the Gwanak-gu Seoul Special Metropolitan City in the name of the wife E (hereinafter referred to as the "studio of this case") to the victim D who was aware of the time of military service from the time of military service.

On November 1, 2014, the Defendant: “The studio of this case consists of 31,00,000 households; the current 15 households are now at approximately 800,000,000,000 won; if the studio building is paid in KRW 300,000.3 billion, the remainder KRW 1,40,000,000 will be additionally leased after remodeling the existing lessee’s deposit amount of KRW 80,000,00,000 and KRW 60,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00.

However, in fact, the right of lease has already been established for 27 households among 31 households at the time of the conclusion of the sales contract for the studio building of this case, and the total amount of the lease deposit is about KRW 1.282.5 million, as well as the lease deposit is about KRW 1.28 billion among the lessees, and further, during the trial, H, I, J, and K filed a claim for the refund of the lease deposit against the Defendant, the fact that there was a high risk that the application for the compulsory auction against the studio

In addition, even if the studio building of this case is merely 4 households and it is additionally leased to another, the total sum of the rental deposits additionally received was limited to 2.8 million won.

The defendant is in close vicinity to all the rental deposits which have already become due.

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