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(영문) 창원지방법원 통영지원 2019.06.13 2018고단1351
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 8, 2016, the Defendant concluded a lease contract with the victim for the above E apartment, stating that “I would make the E Apartment F to be leased with the deposit of KRW 40 million for the deposit of the deposit of KRW 40,000,000,000” with the victim D in the Chapter of Ma-si, Sa city, the Defendant followed the conclusion of the lease contract with the victim for the above E apartment as if there was legitimate right to lease the above E apartment.

However, the above E apartment F was the real estate leased by G Co., Ltd., and the Defendant signed a lease agreement stating that he did not sublet rental housing to another person in violation of the Rental Housing Act while leasing the above E apartment F from G Co., Ltd., and the Defendant did not legally sublet the above E apartment F to the victim. In the absence of the lessor’s consent to sub-lease, the lessee’s victim cannot exercise the right of opposing power or preferential payment right of deposit, etc. pursuant to the Housing Lease Protection Act, the Civil Act, etc., and thus, there was a duty to notify

Ultimately, the Defendant, by failing to notify the victim of the above fact by deceiving the victim, received 50,000 won from the victim under the name of the new bank account (H) under the name of the Defendant on the same day, and received 30,000 won from the same account under the same name on October 1, 2016, and received 9.5 million won under the same name on October 2, 2016, and received 9.5 million won in total from the same account to the same account on the same date.

[Defendant and defense counsel] The sub-lease contract with the victim (hereinafter “instant contract”).

(2) In concluding the instant apartment F (hereinafter “instant apartment”) with the victim, the Defendant is called the victim’s foregoing apartment F (hereinafter “instant apartment”).

It is argued that there was no deception in fraud, since the fact that the owner is not the owner but the lessee was merely the lessee.

However, it is a requirement for fraud.

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