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(영문) 서울서부지방법원 2016.01.27 2015고단1137
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On May 28, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Western District Court, and was dismissed by the same court on August 14, 2014, and the Supreme Court dismissed the appeal on November 13, 2014, and the judgment became final and conclusive on the same day.

The Defendant, the owner of Eunpyeong-gu Seoul Metropolitan Office Officetel, has approximately KRW 2.8 billion claims against D, and was delegated by D on June 20, 2006 with the authority to manage and lease the above building around June 20, 2006.

On November 23, 2005, Part D concluded a trust contract with Ctel to Korea Asset Trust Co., Ltd. and completed the registration of transfer of ownership based on the trust on the same day. According to this, a new lease contract after the trust is made in the name of Korea Asset Trust Co., Ltd.

Accordingly, on the ground that the trust deed of D and Korea Assets Trust Co., Ltd. was an act of harming the Defendant, the Defendant filed a lawsuit against the Korea Assets Trust Co., Ltd. on October 31, 2006 to revoke the act of deception and cancel the registration of transfer of ownership, and sentenced the judgment of winning the Plaintiff on October 31, 2007, and the judgment of dismissing the appeal on June 4, 2009 (the judgment of winning the Plaintiff) was rendered at the first instance and the second instance, but the Supreme Court reversed the judgment on July 14, 201 (the purport of losing the Plaintiff) and the judgment of remanding the above purport of reversal became final and conclusive, even if the Defendant was delegated by D, even if it was unable to oppose the Korea Assets Trust Co., Ltd., the owner on the registry, and thus, it was evident that the lessee is unable to perform the contractual obligations.

On the other hand, on June 23, 201, the Defendant entered into a lease contract with the victim G and Ctel 304 KRW 70,000 on the day by concluding a lease contract with the victim at the F Authorized Brokerage Office located in Eunpyeong-gu Seoul E 101, and entered into a contract to receive the remainder as the down payment on August 20, 201.

As above, the lease contract is concluded.

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