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(영문) 서울중앙지방법원 2016.08.10 2013고단6143
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C around December 2010, around the Nam-gu Incheon Metropolitan City D Building (hereinafter “instant building”) established a mutual company called “E”, the main purpose of which is to remodel the 5 and 6 floors into “original studio tele” in the soup brying room, and to sell them in lots, and the construction of remodeling the 5 and 6 floors of the instant building to the original studio tele.

During that period, C is short of the purpose of construction cost, and it is not capable of leasing the household unit of the 6th floor of the instant building because it is not capable of leasing one’s room-based telecom, and the lessee is in charge of the management of the instant building. On November 10, 201, G real estate located in Seoul, Jung-gu, Seoul, set the deposit money for the Defendant and the rent as KRW 138 households, which are 6th floor of the instant building, around November 10, 201, concluded a lease contract with the Defendant and received KRW 10 million as the down payment from the Defendant.

From March 2011, one Part C entered into a management contract with several parties on the condition that “At the time of completion of the instant building, the sixth floor of the instant building was to be managed for 12 months, and the two parties shall be guaranteed the profits of each 450,000 won per month, and the lease management work shall be performed directly by the mandatory,” on the condition that “at the time of completion of the instant building, the sixth floor of the instant building was managed for 12 months.”

However, C was delayed construction due to pressure on funds for the instant building, and 450,000 won for monthly revenues promised to both parties (450,000 won x 123 households x 55,5350,000 won). The Defendant, who became aware of C’s financial pressure, planned to return the down payment to both parties, and planned to receive the rent deposit from a new lessee to use it as construction expenses, etc. without notifying the new lessee of the monthly revenues that he/she should pay to both parties by printing a new defect, and the Defendant received the down payment paid to C, and obtained gains from the transfer of lease.

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