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(영문) 서울북부지방법원 2018.02.07 2017고단3218
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around October 2015, the Defendant established the “E” corporation by leasing the part of the 6 to 9 floors of the building owned by the “D” located in the Nam-gu Incheon Metropolitan City, with a deposit of KRW 900 million in KRW 45 million in monthly and monthly rent of KRW 45 million. The victims are people who are expected to move into the “E” as the former lessee.

1. On November 6, 2015, the Defendant committed the crime against the Victim F, at the “H” office operated by the Defendant in Jongno-gu Seoul Metropolitan Government, and at the “H office located in Jongno-gu, Seoul, the victim F and the said “E”’s nine floors, a sub-lease contract with the victim F and the said “E” as “30 million won guarantee, 2 years (from January 1, 2016 to December 31, 2017) of the sub-lease period, 9 floors of the subject goods, and wabing room,” the Defendant requested the victim to present a security of return to the victim that the victim would pay the larger amount of KRW 300 million to the victim, and the victim would be able to establish a security against the entire part of the victim F and the said “E” (hereinafter referred to as “I commercial building”).

“The market price is 300 million,00 million won,” and “the above I commercial buildings will be established at the same time as the remainder payment is made.”

The phrase “I” and “I” made it possible to set up a security on the well-owned land and daily stores, and the Seoul Guarantee Insurance Co., Ltd. issued a contract performance bond securities, so I do not know about it.”

However, the Defendant was liable to pay KRW 4 billion, including the unpaid rental deposit for the portion of the building “D” leased by himself, and the said I commercial building was a real estate that was a trust and was unable to dispose of it at will by the Defendant, and the said I commercial building was a real estate that was unable to establish any more security than a financial institution, and it was a real estate for which it was impossible to set up any more security than a financial institution since a large number of mortgage was established, and even if it was paid money from the injured party under considerable debts, such as not meeting the requirements for issuing the performance guarantee insurance for the Seoul Guarantee Insurance

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