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(영문) 서울중앙지방법원 2016.08.31 2015고단2613
사기등
Text

The defendant shall be punished by imprisonment with prison labor for the crimes of 1 to 3 and 5 to 7, and each of the crimes of 4, 8 and 9 in the holding.

Reasons

Punishment of the crime

[criminal records] On August 10, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the Seoul Central District Court on August 18, 2012, and the judgment became final and conclusive on August 18, 2012. On December 26, 2014, the Seoul Central District Court sentenced the Defendant to six months of imprisonment for fraud and became final and conclusive on January 3, 2015.

[Criminal facts] 2015 Highest 2613

1. The Defendant against the victim E, at a place where it is unknown on January 2012, 201, set up a column of KRW 49,00,000,000 on the Internet portal website bulletin board of the “F Kafber” (F).

After posting a letter to the effect that “the victim E who reported and contacted it,” the Seoul Gangnam-gu Seoul Metropolitan Government Gu Building G Building KRW 201 million and the monthly rent of KRW 1 million.

B. In addition, with respect to the above G building 201 room 1 column of the above G building, if a loan contract of KRW 40 million is concluded, it will be possible to use the room during the contract period.

“A false representation was made.”

However, in fact, the Defendant was residing by leasing the said G Building 201 from the lessor H with a deposit of KRW 6.2 million, monthly rent of KRW 3.1 million, and there was no consent from the lessor on the sub-lease of the said G Building 201, and there was no specific property at the time, so even if concluding the sub-lease contract with the victim, the Defendant did not have the intent or ability to return the sub-lease deposit at the time of the expiration of the sub-lease contract.

On February 7, 2012, the Defendant: (a) by deceiving the victim and making a sublease contract to KRW 40 million to the Seoul Gangnam-gu Seoul Building G building 201; and (b) received from the victim a remittance of KRW 40 million to the post office account in the name of the Defendant as the sublease deposit.

"2015 Highest 3745"

2. On March 17, 2011, the Defendant against the victim I was the victim Nonindicted Party JBC 302, and the victim I.

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