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(영문) 서울동부지방법원 2015.05.14 2015고단597
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 13, 2010, the Defendant leased 2 billion won, monthly rent of 119,693,000 won, monthly management fee of 32,643,000 won, monthly management fee of 32,643,00 won, and monthly management fee of 32,643,000 won from August 4, 2010 to August 3, 2015, and operated the F Trading System and the large-scale waste.

On April 2012, the Defendant delayed the rent and management fee of KRW 1.37 billion including interest in arrears, which was filed by the lessor. On September 4, 2012, the Defendant filed a complaint with the following: “In the event the Defendant delays the payment of the unpaid rent and management fee up to the time according to the payment plan or delays the payment of the rent and management fee up to the time pursuant to the payment plan, and thus the overdue amount reaches the rent of the two-year period, the Defendant shall deliver the said loan and management fee subject to the lease to the lessor.”

However, even after the filing of a lawsuit, the Defendant delayed the rent, etc. to be paid to the lessor, and the overdue rent, etc. exceeds KRW 2 billion on January 2, 2013, upon receipt of a notice from the lessor on the termination of the lease contract, the Defendant was placed in a place where the lessor would immediately restore the dam to its original state and deliver it to the lessor, and even after the termination of the contract, the Defendant illegally occupied the customer.

On October 22, 2013, a lessor was notified of the “execution of compulsory execution against crowdfunding” by the lessor.

Nevertheless, around October 2, 2013, the Defendant made a false statement to the victimCC to the effect that “The Defendant shall pay KRW 20 million to the victim within one month, and shall pay two copies of interest.”

However, the defendant did not pay the rent to the other business parties, such as fishery products companies, photographers, and drone companies, in a situation where it is difficult for the defendant to run a normal wale business due to the late payment of rent.

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