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(영문) 부산지방법원 2015.08.27 2015고단595
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of D (hereinafter referred to as "parking lot") in Busan Jin-gu C, and the person who leased the above parking lot from E is F, and the defendant is the F and the winter period.

On October 9, 2007, E and F entered into a lease agreement with the above parking lot as the lease period of 2 years from October 15, 2007, the deposit of 40 million won, monthly rent of 6 million won, and the F re-transfer the lease right of the above parking lot to G around April 2008, which is about six months after the date of the above six months, and G transferred the lease right of the above parking lot to G on June 9, 2010.

On the other hand, the lease contract for the above parking lot was renewed on October 14, 2009 after the end of the above contract, and around September, 201, before the expiration of the second contract, E was defective in order to cancel the lease contract with F and F, and F changed only one year after finding the above E together with the Defendant, and E decided to extend the lease contract between F by October 15, 201. The Defendant was well aware of this fact.

Around July 2011, when the Defendant transferred 1/2 shares of the above right of lease to H, the Defendant received KRW 20 million in deposit and KRW 55 million in premium, and H received KRW 65 million in premium when transferring the above right of lease to I again on October 2011, the Defendant received from I the Defendant the payment of KRW 20 million in premium from I, a deposit and KRW 20 million in premium, respectively. In this case, the Defendant was aware of the fact that the above lease agreement was completed on October 15, 2012, and the Defendant did not notify the real estate broker who arranged the above right of lease to H or the above parking lot despite his duty to notify it.

In this situation, I transferred 1/2 of the above lease interest to the victim M on March 3, 2012 from L real estate located in K in Busan Metropolitan Government on March 3, 2012, and the premium is 1.0% on the same day.

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