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(영문) 청주지방법원 2013.11.13 2013고단596
사기
Text

The defendant shall be innocent.

Reasons

1. Around 14:00 on March 30, 2012, the Defendant entered into an agreement on the transfer of the right of lease with the intent to transfer the right of lease of the above “Switzerland” leased by the Defendant by May 31, 2013 to the victim E within the office of “D” located in a reasonable area of Cheongju-si.

The defendant made it possible for the victim to use the ownership and lease contract of the above Switzerland building again, thereby harming the lessee's name in the future, and making the lessee extend it upon the expiration of the lease term.

However, the defendant did not obtain consent on the transfer of right of lease to the owner of the building or the extension of the lease term, and there was no agreement on the extension of the lease term, and thus, he did not have the intention or ability to transfer the name of the lessee to the victim and to extend the lease term.

Nevertheless, on March 30, 2012, the Defendant received a total of 80 million won from the victim as a price for the transfer of the right of lease.

2. According to the records of this case, the Defendant and E entered into a contract under which E takes over “D” (hereinafter “the first contract”) around March 8, 2012, with the transfer price of KRW 135 million ( KRW 40 million for lease deposit, KRW 95 million for premiums), the remainder of KRW 20 million for the contract deposit of KRW 15,000 ( March 8, 2012), and KRW 115,000 for the remainder of the contract deposit of KRW 115,000 ( April 30, 2012) (hereinafter “the first contract”). ② E paid KRW 20 million for the Defendant on March 30, 2012, but failed to pay any balance on the date promised to pay the contract deposit of KRW 30 million for the Defendant and KRW 5 million for the transfer price of the aforementioned D on May 15, 2012.

5. 20.0, 40 million won; and

5. 26. 26. 35 million won;

8. A contract under which E will take over (hereinafter referred to as "second contract") by 30.30

Section 4, Paragraph 4, of the above second contract.

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