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(영문) 서울남부지방법원 2016.12.13 2016고정1291
사기
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 24, 2014, the Defendant shown the real estate lease agreement to the representative of Gangnam-gu Seoul 108 Dong 1603 and the victim D Co., Ltd., and falsely concluded to the effect that, “Seoul Geumcheon-gu F Co., Ltd. leased KRW 101 commercial buildings in KRW 50,000,000,000,000 as security, if it is lent KRW 15,000,000 as security.”

However, in fact, although the Defendant agreed to rent the above commercial building KRW 50 million for the premium of KRW 50 million and deposit of KRW 50 million for the premium of KRW 50 million, the Defendant paid KRW 50 million to G, which is the previous lessee, and did not pay KRW 50 million to H, which is the lessor, and the above real estate lease contract to the effect that the Defendant paid the lease deposit was made under the consent of the lessor for the Defendant’s business registration, and thus there was no real deposit to secure the lease deposit. The Defendant was unable to pay the lease deposit due to the shortage of money to take over the above commercial building at the time, and the personal debt of KRW 40 million was paid. Thus, even if he borrowed money from the victim, there was no ability or intent to pay the lease deposit as agreed upon.

The Defendant transferred KRW 9,231,054 from the victim for the same day on the same day, and acquired the Defendant’s existing loans of KRW 1,768,846 and national taxes in arrears of KRW 3,550,100 on behalf of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement in G;

1. Statement to J police officers;

1. A complaint, deposit statement, loan transaction agreement, assignment of claims, real estate lease agreement, and defense counsel made a lease contract by the Defendant to G in advance. However, since the Defendant did not pay KRW 50 million for the key money, the Defendant has the right to deposit KRW 50 million in accordance with the lease contract.

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