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(영문) 의정부지방법원 고양지원 2016.09.22 2016고단903
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal Records] On July 1, 2009, the Defendant was sentenced to a suspended sentence of two years on July 9, 2009 for the crime of aiding and abetting gambling in the Militarysan Branch of the Jeonju District Court, and the above judgment was finalized on July 1, 2009.

[2] On January 1, 2008, the Defendant: (a) leased the Seongdong-gu Seoul building C (hereinafter “the instant officetel”); and (b) had employed employees access each day to the Internet gambling site to activate the operation of the gambling site; (c) received a certain amount from the operator of the website in return, and received a certain amount of money from the operator of the website, and had him know that he knew of it in order to raise funds necessary therefor.

D through borrowing KRW 20 million from E, and agreed with E to secure repayment, the name of the lessee of the instant officetel for the purpose of securing repayment.

In accordance with the above agreement on January 31, 2008, the Defendant leased the instant officetel from the victim H, the lessor of the instant officetel, with a deposit of KRW 20 million, rent of KRW 1.2 million, and the lessee’s name under the condition that the instant officetel was leased at the G Authorized Brokerage Office located in Dongdaemun-gu Seoul Metropolitan Government.

On June 2008, the Defendant: (a) borrowed new money from I; (b) agreed with I to transfer the name of the instant officetel lessee to I, who was requested by I to provide a security; and (c) the victim “I paid a new lease deposit and E would withdraw from the contractual relationship.

The existing lease agreement provides that "The name of the tenant shall be terminated, and the contract for lease shall be changed again by making the name of the tenant I," and the contract for lease between the victim and the lessee of the instant officetel shall be prepared. On September 2008, the victim shall continue to terminate the lease agreement and return the deposit money to the victim after leaving the building. The name of the tenant shall be exempted from returning the deposit money to the lessee.

The phrase “ makes a false statement.”

However, the facts are the lessee of the instant officetel.

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