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(영문) 서울북부지방법원 2014.09.16 2013고단1506
사기
Text

The defendant shall notify the summary of the judgment of innocence against the defendant.

Reasons

1. The summary of the facts charged is that the Defendant (a) operated Fcccccccuex in the E-building located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant building”) on May 26, 2007, and was given KRW 300,000,000 on the day of lease deposit under a lease agreement with the victim H (n, 63 years old) and the said restaurant that the Defendant thought that the Defendant would be able to normally lease the Gcux in connection with the Qcuex while operating the Qcuex at the third floor office of the instant building on May 26, 2007, and was given KRW 70,000,000 on the terms of the lease deposit, as indicated in the attached list of crimes from March 28, 2011 to March 26, 2011.

However, on December 15, 2006, at the time of leasing the building from the management body, the building of this case did not engage in the call text business, and the sub-lease related thereto cannot be made, and the building of this case agreed with the management body of the building of this case to be responsible for all issues arising from the operation of call text business. Since the construction of the building of this case was planned to impose a non-performance penalty, the defendant did not have the ability to pay the non-performance penalty, but the defendant did not have the ability to pay the non-performance penalty. The defendant was not only more than 400 million won in arrears management expenses and rents related to the building of this case, but also it was difficult for the defendant to pay the non-performance penalty.

After all, the defendant did not have the right of sub-lease and could not have the victims engage in the business related to the call text normally, and the sub-lease deposit cannot be repaid normally at the end of the sub-lease period.

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