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(영문) 서울중앙지방법원 2013.07.25 2013노1812
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is that the Defendant changed the toilet of the instant commercial building into a store so that the victim can be leased, but as a result, failed to do so. Therefore, the Defendant did not have the intention to commit the crime of defraudation.

2. On January 10, 2012, the court below agreed that the defendant and the victim F are liable for the rent of KRW 50 million, monthly premium, KRW 120 million, and KRW 100,000,000,000,000 which were lawfully adopted and investigated by the evidence, and that the defendant and the victim F were paid KRW 10,000 to the account under the victim’s name on the 11st day of the same month following the above agreement. However, in light of the above agreement, the defendant concluded a lease agreement with the victim and the victim’s 10,000,000,000 won and KRW 10,000,000,000,000 won and KRW 20,000,000,000,000,000 won were paid to the victim’s 15,000,000 won and 25,000,000,00 won were paid to the victim’s 2.

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