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(영문) 인천지방법원 부천지원 2017.11.10 2017고단1229
사기미수
Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

B is the person who was the owner of the instant land, “the instant building,” and the instant building of 347.8 square meters in Bupyeong-si and 6th above ground (hereinafter “the instant building”). Defendant A is the owner of the instant land between B and the instant building of this case, and the victim E is the one who was awarded a successful bid for the instant land and the instant building around November 17, 2015.

On November 19, 2015, the aggrieved party filed an order for delivery of the instant land and buildings with the Busan District Court Branch of the District Court against Defendant B, and then received an order from the above court to “B to deliver the instant building to E,” and requested Defendant B to voluntarily issue an order before compulsory execution. Defendant B, by January 10, 2016, was operated on the 3,4th floor to deliver the remainder of the instant building excluding the 3,4 floors of the instant building until January 10, 2016.

On February 28, 2016, a singinging business has been continued to be operated until February 28, 2016, and a request was made to allow a new lessee of the third and fourth floors to receive the premium for facilities. The victim transferred the whole building to the defendant B by January 10, 2016, excluding the third and fourth floors, and the new lessee of the third and fourth floor agreed on the condition that the new lessee of the third and fourth floor complies with the terms of the agreement, such as restricting it to a third party who is not related to the defendant B.

However, by January 10, 2016, Defendant B did not deliver the remainder of the floor other than the third and fourth floors of the instant building to the victim, and introduced Defendant A, which is a non-friendly relationship with himself, to the victim as if he was a third party. On January 7, 2016, Defendant B entered into a lease agreement with the victim and Defendant A on the third and fourth floors. On the other hand, Defendant A entered into a false content as if Defendant A paid the money of KRW 260,60 million to Defendant B as the premium for facilities, and attempted to obtain money by filing a lawsuit against the victim for damages if the victim terminated the said lease agreement.

Accordingly, the defendant A is the defendant B around January 22, 2016.

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