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(영문) 수원지방법원 2018.07.13 2017고단5439
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 4, 2015, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and on June 12, 2015, the judgment became final and conclusive.

around April 10, 2014, the Defendant of 2017 Godan 5439, the Defendant would allow the victim E to use the fourth floor of the building in the case of a temporary default of KRW 10 million by calculating the monthly rent of KRW 500,000,000 for 20 months.

“A false statement” was made.

However, the Defendant leased the above building until August 2014.

The F agreed to use only the F from the owner or manager of the above building for the term of lease, and there was no consent from the owner or manager of the above building to sublease the building, and even if the said person is paid the rent from the damaged person, there was no intention or ability to allow the said building to use the fourth floor for 20 months.

Nevertheless, the defendant deceivings the victim as above and was delivered KRW 10 million to the account in the name of G Co., Ltd. operated by the defendant on the same day under the name of the fourth floor rent of the building.

On June 4, 2014, the Defendant, “2018 Godan 144, the Defendant, in China, where the trade name in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Manwon-dong is unknown,” and the Victim H, “In order to make film production as the representative of the domestic corporation G, the Defendant would use it as a flaging down payment if he/she lends money in a more manner, and pay it within two weeks.

“A false statement” was made.

However, in fact, the defendant had the purpose of using the money received from the injured party as his office rent, etc., and there was no property at the time and there was no fixed income amounting to at least KRW 100 million, and thus there was no intention or ability to pay the money within two weeks even if he borrowed money from the injured party.

Nevertheless, the defendant is above.

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