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(영문) 서울중앙지방법원 2016.06.02 2014고단1535
사기
Text

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

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, some of the facts charged are legally adopted and investigated by this court.

Fraud against "2014 Highest 1535"B

1. On August 18, 2011, the Defendant committed the crime of August 18, 201, at the D office operated by the victim B in Gangnam-gu Seoul, Seoul on August 18, 201, presented a lease agreement, etc. with the expiration date of the lease term to the victim on September 7, 2011, and “it has leased an office located in Yong-si, Seoul, and there is a deposit of KRW 120 million. It is believed that there is a security deposit of KRW 10 million, and if it is lent KRW 30 million, 20% interest per annum shall be paid, and repayment shall be made by October 30, 201.

“.......”

However, in fact, the above lease contract is merely a loan to another person for the payment of the money, and there was no fact that the above office was not leased by the defendant, and there was no fact that the defendant paid the money as the deposit for the lease to the lessor, and it was unclear that he was refunded the money as the deposit for the lease on September 7, 201.

As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim for the purpose of borrowing money from the victim, and acquired it by fraud.

2. On October 5, 2011, the Defendant: (a) at the foregoing D office operated by the said victim on October 5, 2011, the Defendant: (b) provided the victim with the foregoing D office that “it is impossible to receive the repayment of the deposit due to the extension of the lease contract for the said E office incheon-si; (c) provided the victim as security of No. 102 of the first floor of Seoul, Jung-gu, Seoul, the market price of which is equivalent to KRW 210,000,000,000 per annum; (d) if the Defendant additionally lent KRW 30,000,000,000,000 were paid to the victim until January 30, 2012.

“.......”

However, the above G No. 102 on the first floor had a total of KRW 150 million, and the maximum amount of KRW 30 million was set up.

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