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(영문) 서울중앙지방법원 2012.07.17 2011고단5649
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 12, 2010, at the F Brokerage Office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around February 12, 2010, the Defendant discussed that “The victim H, who wishes to lease the first floor of the said G G building and operate a house with a house in Korea, has the right to lease the building because he/she received a written judgment of delivery and execution of the building from the court. The fireworks currently operating on the first floor, which are now being operated on the first floor, will be produced through a life-saving lawsuit before March 12, 2010.”

However, the above building at the time was won by the defendant's birth and the owner I at the time in the first instance due to the ownership dispute between the defendant's birth and the owner I at the time, but the relationship of rights is unclear because the second instance trial was pending due to the above I's appeal, and it was refused by the above I to offer the fireworks owner who is operating the fireworks house by leasing the first floor of the building from the above I but did not file a scambling lawsuit against the scambling owner, so even if the victim received the security deposit and the premium from the victim, the above building did not have the intention or ability to lease the first floor.

Nevertheless, the Defendant deceiving the victim as above and received KRW 20 million as the down payment from the victim, and around February 22, 2010, received KRW 100 million as the premium for intermediate payment and the said fireworks.

As such, the Defendant acquired 120 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness;

J. D. Some legal statements of K and L

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by a witness H in the third protocol of the trial;

1. Statements and records of witnesses M in the fourth trial records;

1. Statement of the police statement of M;

1. Application of the commercial lease agreement and the applicable statutes of each judgment;

1. According to the evidence mentioned above, the defendant is the lessee who has entered into a lease contract with I, according to the pertinent legal provisions of Article 347(1) of the Criminal Act concerning criminal facts.

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