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(영문) 의정부지방법원 2016.01.11 2014고단3507
사기등
Text

Defendant’s holding [2014 Highest 3507] The 1-year imprisonment with prison labor for each of the crimes of No. 1 and No. 2, and the 2-year provisional punishment, [2014 Highest 3507.

Reasons

Punishment of the crime

[criminal records] On April 12, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended sentence for a crime of violating the Punishment of Tax Offenses Act at the Jung-gu District Court on April 12, 2013, and the said judgment became final and conclusive on April 20, 2013. On April 22, 2015, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended sentence, and the said judgment became final and conclusive on April 30, 2015.

[2014 Highest 3507]

1. Fraud;

A. On February 20, 2012, the Defendant did not have the intent or ability to pay the rent deposit even if the Defendant leased the factory site due to the lack of any specific property or income, in fact at the F Authorized Brokerage Office located in Yangju-si, the Defendant would rent the F Authorized Brokerage Office at KRW 20 million, monthly rent of KRW 2 million to the victim G.

The deposit will pay the remainder immediately after paying only the down payment.

“In the form of the down payment, one million won was paid, and the waste was filled out, and then the victim did not pay rent, thereby deceiving the victim, thereby acquiring pecuniary profits equivalent to the rent of the said land from the injured party.

B. On September 18, 2012, the Defendant: (a) in both weeks; (b) in fact, the Defendant did not have the intent or ability to pay the leased money to the Defendant even if he did not have any specific property or income; and (c) even if he leased the land due to the lack of specific property or income to the Defendant, the Defendant would lease the land, such as both weeks, with the victim J. (a) KRW 15 million deposit, monthly rent of KRW 2.5 million,

The deposit will pay the remainder immediately after paying only the down payment.

“In the form of 1.5 million won and 1.5 million won as down payment, and leased the said land, and thereafter, in a manner of not paying rent after piling up wastes, the victim was deceiving the victim, thereby acquiring pecuniary profits equivalent to the rent of the said land from the injured party.

(c)

On January 2, 2013, the Defendant has no special property or prescribed income to the Defendant at the LA certified broker office located in K in both weeks, and the facts are nonexistent.

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