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(영문) 서울서부지방법원 2017.07.13 2015고단2763
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On September 10, 2010, the Defendant entered into a monthly rent contract with G and security deposit amounting to KRW 60,000,000, monthly rent of KRW 60,000, monthly rent of KRW 600,000, and operated an office monthly rent contract with the term of lease of KRW 5 years at the same place as “H room telecom.”

On June 10, 2013, the Defendant entered into a contract for the entry of a publicly notified source (sublet contract) between June 10, 2013 and June 9, 2014 with the victim I and H room room 505 as security deposit amounting to KRW 35,00,000, and the term of lease from June 10, 2013 to June 9, 2014.

However, the Defendant did not pay the monthly rent of KRW 6,00,000 and was filed a lawsuit claiming delivery of the building from G. However, on March 23, 2012, the Defendant issued an order to each Plaintiff (owner of the building) on the same day on March 23, 2012.

“Along with the conclusion of the above contract, the following was not paid normally at the time of the conclusion of the contract, and approximately KRW 20,000,000. The loan and the deposit received from the former lessee were invested in another public notification project, and could not be paid normally in the future because they could not be recovered due to failure. Therefore, even if the contract was concluded with the victim I and the deposit was received, the victim I did not have the intent or ability to use the public notification source normally and return the deposit at the time of the expiration of the contract.

Nevertheless, the defendant did not notify the victim I of the above fact, and had the victim I use it normally and could return the deposit money when the contract expires, and deceiving the victim I by receiving 35,000,000 won as a deposit money from the victim I, and deceiving the victim I, J through the same method twice in total as in the attached crime list 1.

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