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(영문) 서울중앙지방법원 2019.02.21 2015고단2658
사기등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in this case, the victim B of the instant case

Reasons

Punishment of the crime

[2015 Highest 2658]

1. On August 5, 2009, the criminal defendant against the victim C expressed to the victim C the lease agreement in which the former deposit amount was stated as KRW 220 million on February 28, 2010 in Seoul, Gangnam-gu, Seoul, stating that "The defendant would transfer the former deposit amount of KRW 220 million in the former deposit amount of KRW 10 million in the former deposit amount of KRW 220 million in the former deposit amount of KRW 10 million in the former deposit of KRW 10 million in the Seoul, Gangnam-gu, Seoul, and the criminal complaint against KRW 150 million in the above 1.5 million in the latter F G was revoked, while the former deposit of KRW 220 million in the latter F G was reduced to KRW 10 million in the latter case."

However, from around 2006 to around 2007, the Defendant incurred a loss of KRW 700 to 800 million in relation to the number fraternity operated by the Defendant from around 1996, and around June 8, 2006, Gangnam-gu Seoul Metropolitan Government H apartment I, the Defendant owned by the Defendant, was sold at a voluntary auction, and around April 2009, the financial situation was not good, such as the sale of the Defendant’s Haho, Mho, Nho, andOho, in order to meet this, continuously operated the number fraternity, but the amount of loss was accumulated.

In addition, the Defendant was residing in the above F G amounting to KRW 40 million monthly and KRW 1.3 million. However, since the monthly rent in arrears around April 2009 was almost 30 million and there was almost no deposit in excess of KRW 30 million, the Defendant did not have any intent or ability to repay KRW 100 million during the agreed period or transfer the claim for the return of the deposit, even if the victim were to be exempted from the obligation.

The Defendant, by deceiving the victim as such, obtained monetary benefits equivalent to the same amount from the victim’s debt reduction of KRW 50 million.

2. Fraud of victim P;

A. On February 29, 2012, the Defendant: (a) at the Rac shop in Gangnam-gu Seoul, Qua; (b) the victim “B,” 26 members.

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