(영문) 서울중앙지방법원 2012.01.13 2011고합550

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(영문) 서울중앙지방법원 2012.01.13 2011고합550

특정경제범죄가중처벌등에관한법률위반(사기)

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A defendant shall be punished by imprisonment for two years.

Reasons

Ⅰ. On November 3, 2010, the Defendant: (a) concluded a contract for lease with the victim under the same terms and conditions as the previous terms and conditions (30 million won, rent and management fee, monthly 60 million won) on the part of the victim in the office of the F Co., Ltd. (hereinafter referred to as “F”) operated by the Gangnam-gu Seoul Metropolitan Government D Victim E (Nam and 51) (hereinafter referred to as “F”); (b) on December 31, 2010, the Defendant succeeded to the lease contract with the victim under the same terms and conditions as the former terms and conditions (30 million won, rent and management fee, and KRW 60 million) so that he/she would be able to conduct a wedding business normally; and (c) concluded a contract for business takeover with the victim as the transfer proceeds at 1.25 million won.

However, in fact, the Defendant did not have any pre-determined ratio on the succession of the lease agreement between G and wedding, and whether the lease agreement is succeeded is entirely the lessor’s authority, and the amount of approximately KRW 120 million, such as the rent at the time, was in arrears. There was a situation in which the Defendant was notified of the termination of the contract when he did not pay the rent several times prior to the default, and on November 20, 2010, he did not have any intention or ability to succeed the lease contract to the victim under the same terms and conditions as the previous case, with the notification from the head of GI head around November 20, 201 that it is impossible to succeed the contract.

Nevertheless, as seen above, the Defendant deceiving the victim that he will succeed to the lease contract without any framework on the same terms and conditions as the previous terms and conditions, and was issued an intermediate payment of KRW 370 million, including the down payment, on November 4, 2010, by hiding the fact of delinquency in rent, etc. equivalent to KRW 120 million, and received from the victim an intermediate payment of KRW 300 million on December 15, 2010.

Accordingly, the defendant acquired 670 million won from the victim.

Ⅱ The deception of the facts charged and the summary of the defense counsel's assertion

1. The contents of the deception stated in the facts charged are stated in the instant indictment.

유사 판례

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