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(영문) 서울중앙지방법원 2017.11.17 2015고단8269
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

To the extent that there is no risk of substantial disadvantage to the defendant's exercise of his right to defense, the indictment was corrected ex officio without the amendment procedure of indictment.

[Reference Facts] The Defendant is the representative director who runs real estate business, etc. in the name of E, a corporation, from the first floor D (hereinafter “instant shopping mall”) under the ground of the 1st floor D, located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant shopping mall”).

First of all, around August 1998, F Co., Ltd. (the representative director: the former husband G, hereinafter “F”) leased the instant commercial building from H Co., Ltd. (hereinafter “H”) to KRW 676.4 million, monthly rent 1,2160,000, and the first shop of a small-sized shop was set aside as “I” and then was set aside as “I” at the first time, and then sub-lease (the term “sale in lots” at the time of lease) by dividing it into “J” and making a sub-lease (the term “lease in lots”). However, it was closed ex officio on December 31, 2008 due to the business depression, in default of rents, management fees, and national taxes.

Accordingly, on April 2, 2010, the Defendant: (a) registered the change of its trade name to E on February 22, 2012; (b) on December 26, 2012, the Defendant entered into a lease agreement again under the condition that he/she takes over and pays a total of KRW 154,526,272 in arrears and management expenses in the name of F registered as the representative director; (c) but (d) on April 16, 2012, the Defendant continued to run the said business on the condition that he/she takes over and pays a total of KRW 154,526,272 in the name of F; (b) while he/she was unable to pay the unpaid rent, monthly rent, etc. on April 16, 2012, including the overdue rents and management expenses that he/she acquired from the total amount of the delinquent rents and management expenses, and KRW 527

With the payment of some 200 million won among them, the lease agreement was concluded on February 14, 2013 with the same terms and conditions as a deposit of KRW 1 billion, monthly rent of KRW 7 billion, and the lease agreement between May 1, 2012 and April 30, 2017 between E (hereinafter referred to as E) and H for the commercial building of this case.

B At the same time, the conclusion of the contract is again made in arrears of E as of April 16, 2012.

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