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(영문) 수원지방법원 성남지원 2014.01.24 2012고단320
사기
Text

A person shall be punished by imprisonment with prison labor for not less than two months and by imprisonment with prison labor for not more than three years and four months for a crime of No. 2 as stated in the judgment.

Reasons

Punishment of the crime

On April 15, 2009, the Defendant was sentenced to the suspension of six months of imprisonment with prison labor for the crime of aiding and abetting a criminal, and the judgment was finalized on April 23, 2009.

1. On December 16, 2008, the Defendant asserted the right of various co-owners of the above Ba in the operation of the Defendant located on the 1st floor of the building located in Sungnam-si, Sungnam-si, the Defendant: (a) there was a dispute over the above Bae or building; (b) there was no funds to resume the business; and (c) since from 2004, while the dispute over the above Baea was not settled with the J and the above Baea, he did not claim the above Bae's right; (d) even if the Defendant received the deposit from the victim K, the victim K did not have the intent or ability to make it possible for the Defendant to conduct his business normally at the above Baea in a normal condition; and (e) the victim K acquired the deposit under the name of the victim K by acquiring it from the same 10 million won for the same date.

2. On September 2, 2009, the Defendant entered into a new lease agreement with the victim P, a lease agreement with the victim during the contract period, from September 23, 2009 to September 23, 201, with the victim P, with approximately KRW 200 million of the obligation to pay the construction cost of the P, and at least KRW 200,000,000,000,000,000,000 won, and from September 23, 2009 to September 23, 2011, the Defendant was in arrears for several months, and at the time M and N2O buildings were in fact not at the value of collateral. Therefore, even if the victim P did not have the intent or ability to return the deposit even if he/she received the deposit for the lease of the P, 240,000,000 won, and the contract period is from September 23, 2009 to September 23, 2011.

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