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(영문) 창원지방법원 마산지원 2019.07.05 2018고정257
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In line with the following purport of the judgment, the facts charged were partially revised and recognized.

On September 11, 2017, the Defendant concluded a lease agreement with the victim F, who intends to rent five floors to operate a private teaching institute (hereinafter “the instant building”) located in the C Office located in the Busan High-gu, Busan High-gu, Busan High-gu (hereinafter “the instant building”), stating that “The current use of the instant building is a sales facility, and if the building is leased, it would be expected to change the use of the building to an educational and research facility until October 31, 2017.” On the same day, the Defendant concluded a lease agreement with the victim from November 1, 2017 to October 31, 202, 202, and on September 29, 2017, the term of lease with the victim and the said building amounting to five million won from October 31, 2017 to October 31, 2022, and continuously changed the use of the private teaching institute.”

However, the victim, who intends to rent and operate a 5th floor of the instant building, was aware of the fact that the approval for temporary use cannot obtain a permit for the operation of a private teaching institute from the Office of Education, and considering such circumstances, the Defendant was required to change the purpose of use to an educational and research facility.

However, it is impossible to change the use of the instant building to educational and research facilities unless the illegally expanded parts have been removed due to the illegal expansion of the portion on the first and third floors, and only the temporary use approval for the use as educational and research facilities may be obtained. Thus, even if the victim receives money from the victim as a security deposit, there was no intention or ability to change the use to the five floors of the instant building to educational and research facilities.

around September 14, 2017, the Defendant, by deceiving the victim as such, received from the victim, KRW 10 million from the H bank account in the name of G designated by the Defendant, and KRW 40 million from the same account as the balance on September 29, 2017, respectively, for the same purpose.

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