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(영문) 서울남부지방법원 2018.11.16 2018고단1367
사기등
Text

The defendant's judgment [2018 Highest 1367] has been sentenced to imprisonment for four months, [2018 Highest 2796], and [2018 Highest 3639].

Reasons

Punishment of the crime

[2] On February 13, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution on February 21, 2017 at the Suwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon, and the judgment became final and conclusive on February 20, 2018, on September 19, 2017, the Defendant was sentenced to 2 years of suspension of the execution of imprisonment with prison labor for 3 months as a crime of fraud in Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Frig

The defendant is the representative director of C Co., Ltd., the owner of Btel in Yangcheon-gu Seoul Metropolitan Government.

On September 8, 2015, the Defendant entered into a lease contract with the victim E to the said officetel D head office from October 15, 2015 to October 15, 2017, setting the term of lease from October 15, 2015, and received the lease deposit from the victim on October 15, 2015.

However, the defendant did not properly perform the replacement, repair, etc. of the equipment in an officetel, which is a special terms and conditions of the lease contract, and the victim demanded the termination of the contract, and the defendant agreed to terminate the lease contract with the victim around April 2016.

On May 2016, the Defendant is not obliged to return the current lease deposit to the victim at the office of the above officetel office.

First of all, the term “to give the deposit received from the tenant by recruiting the new tenant on the face of the Jeju-do in D from the beginning.”

However, even if the defendant seeks a new lessee to receive the deposit for lease, he was thought to use it for the purpose of agreement with the victims of other fraudulent cases in trial, and there was no intention or ability to return the deposit to the victim in a situation without any specific property.

On May 2016, the Defendant: (a) by deceiving the victim; and (b) received delivery of the said officetel D head office from the victim.

[2018 Highest 2796] Defendant is Yangcheon-gu Seoul.

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