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(영문) 서울중앙지방법원 2015.11.06 2014고단6728
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is the representative director of the JJ Co., Ltd. (hereinafter “J”) who manages trust real estate in Seoul, Jung-gu, Seoul, changed the name of the company from “N”, the original truster, to “J” (hereinafter “J”).

On March 12, 2013, the Defendant stated to the effect that “In the Mreal estate office operated by a licensed real estate agent L in K in Jung-gu, Seoul, the victimO who intends to rent 102 I building 102 for the establishment of a pharmacy,” “In the case of the I building 102, the I building is a trust property, and the trust company is a trust company, and a trust company is not subject to a lease contract. However, there is no legal problem in the lease contract that only receives a rent without a deposit. The sub-face may be placed without the consent of an international trust company. The sub-party may be placed without the monthly rent of KRW 500,00,000 and KRW 90,000,000,000,000 won for the 18-month month, would be able to use without any problem.”

However, in fact, a trust contract cannot be concluded without the prior consent of an international trust company, which is a trustee under a trust contract, and a trust contract which was concluded without the prior consent of a trust company, is not effective against a trust company. Thus, a lease contract cannot be concluded even without the prior consent of an international trust company, and even if it is concluded, it cannot be asserted the validity of a lease contract against an international trust company. Thus, the victim entered into a lease contract with the defendant on the I building 102 (hereinafter “instant commercial building”), but could not be used as a legitimate lessee.

Nevertheless, the defendant deceivings the victim as above and is subject to a fee from the victim.

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