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(영문) 서울중앙지방법원 2017.04.20 2016고단7433
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

The Defendant is an employee of D (ju) with real estate consulting, and the victim E is operating a general restaurant of “I” by leasing No. 101 of H buildings owned by (ju) G in Gangnam-gu Seoul from around 2009 to (101). The victim J from around 2007 operated a general restaurant of “K” by leasing No. 102 of the H building.

The victims (State) entered into an annual renewal agreement withG for the term of one year, and prevented the owner from asserting the premium for the shop. (State)G terminated the lease agreement with the victims and tried to lease the entire one floor of the building to the large rental company.

The Defendant would be entitled to sell the above building at KRW 22 billion to the representative L of (ju)G.

After approaching the above L, the victims were asked to ask for a serious accident so that they can listen to the said L's premium without dispute at the time of termination of the lease term.

1. Around October 2013, the Defendant against the victim E said “I” general restaurant, saying, “A victim is a real estate business operator on the side of the building, and “M” has become final and conclusive after about six months, to enter the first floor below the building and the second floor above the ground, 101 re-contracts, and would allow the lessee to receive KRW 600,000 for premium for 101 and 103 if he/she rents No. 103, a public room.”

However, in fact, the defendant did not receive any authority from the owner in relation to the lease of the above building, so even if he received money from the victim as a fee, he did not have the intention or ability to have the victim receive 600 million won premium.

Nevertheless, the defendant, as above, makes a false statement, and as such, 4.2 million won as a fee of 101 on October 17, 2013 from the victim, and 10 million won as a fee of 103 on November 21, 2013, respectively, shall be the bank account under the name of the defendant in the name of the bank.

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