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(영문) 부산지방법원 2014.06.12 2013고단7077
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 31, 2012, the Defendant: (a) at the coffee shop located in the Seocho-dong, Busan, Busan, the Defendant: (b) called “E parking lot” to the victim C; (c) on December 31, 2012, the Defendant: (d) made the victim believed to be “to enter into a lease agreement with the owner of the parking lot; and (d) made the victim believed to be the victim to enter into the lease agreement with the owner of the parking lot; and (e) made the Defendant as to the said parking lot KRW 30 million at that place; and (e) KRW 120 million in the balance of the premium.

It promises to pay and take over the balance of the premium at the same time KRW 120 million and KRW 30 million on a deposit basis.

The contents of the parking lot lease contract are prepared, and 10 million won cashier's checks are issued in the name of the contract deposit for the transfer of the parking lot.

However, at the time, the Defendant did not have been delegated by F with the authority to conclude a lease contract on the above parking lot site by F, the owner of the above parking lot site. Moreover, the Defendant did not seek the F’s consent to conclude a sub-lease contract with another person on the above parking lot site leased from F or to transfer his/her right to lease. Therefore, even if the Defendant received the down payment from the victim, he/she did not have any intention or ability to transfer the above parking lot normally

As a result, the Defendant was given money KRW 30 million by deceiving the victim.

2. On January 1, 2013, the Defendant: (a) requested the victim C to verify whether a lease contract was concluded with the owner of the said parking lot; (b) voluntarily prepared a lease contract in the said F’s name; and (c) failed to receive KRW 120 million in the remainder of the premium under the said contract for the transfer of the parking lot from the victim; and (d) received KRW 30 million in the deposit money from the victim.

The defendant who forged a private document shall be at the above parking lot office around January 22, 2013.

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