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(영문) 청주지방법원 2018.11.08 2018고단1602
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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.

Reasons

Punishment of the crime

[2018 Highest 1602] The Defendant is a person who managed the Cheongju-si Office B building B from June 201 to April 2015, such as cleaning, maintenance, repair, access control, etc. of the Cheongju-si Office B building 7th floor.

1. Fraud against the victim C;

A. On February 20, 2014, the Defendant entered into a lease agreement with the victim C at the management office of the said room room room room room room room room room room room room room room room room around February 20, 201, the Defendant is KRW 2 million and KRW 3.5 million per month.

As the internal government manages this building, it is expected that the internal government will deliver it to D, the owner of the building, if it is sent to the domestic account.

“A false statement” was made.

However, the fact that the defendant manages the above building for D, the owner of the building, was thought to be used for the personal purpose, such as the cost of his living, repayment of his personal debt, etc. without receiving the lease contract deposit from the victim of the damage by the cryptization to D.

The defendant deceivings the victim as above and acquired 2 million won through the Agricultural Cooperative Account (Account Number E) in the name of the defendant on the same day as the deposit money from the victim.

B. On May 12, 2014, the Defendant was delegated by the victim C with the authority to conclude a lease contract at the management office of the said room room room room room room room room.

Since a building owner fails to prepare a direct lease contract in a foreign country, he/she will prepare as an internal agent and deliver the lease deposit to the building owner.

The key money for lease on a deposit basis shall be 30 million won, but the existing deposit amount shall be paid only in the amount because it has 2 million won.

“A false statement” was made.

However, the defendant did not have been delegated by F, the owner of the building, with the authority to conclude the lease contract, and did not receive the deposit from the victim of the damage and deliver it to F, but did not intend to use it for personal purposes, such as his/her cost of living, his/her personal debt repayment.

The defendant deceivings the victim as above and is on the same day under the name of the defendant as the deposit money for the lease from the victim.

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