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(영문) 서울남부지방법원 2019.07.24 2019고단569
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

1. On May 2016, the Defendant made a false statement to the effect that “The victim F, the representative of the said company, through E, who had been employed as an employee of the said company as the victim’s relatives at the Seocho-gu Seoul Seocho-gu Office D Office, and had been employed by the said company as the victim’s relatives, shall be deemed to have owned the said company’s building in G, and shall promote the business by moving D office to the said G building,” and that “If the office deposit is sent to B, the office deposit shall be paid to the building owner as a security deposit, and shall be responsible for all KRW 1.3 million and the monthly rent of KRW 1.5 million.”

However, in fact, the owner of the above building did not know the defendant, and the money remitted from the victim did not pay to the lessor as a security deposit, but the defendant thought to be used individually, and even if the defendant did not have any particular revenue source and received KRW 10 million from the victim as a security deposit, he did not have the intention or ability to bear KRW 1.3 million per month rent and KRW 1.5 million per management fee.

Around June 17, 2016, the Defendant, by deceiving the victim as above, was transferred KRW 7 million to an enterprise bank account (H) in the name of the Defendant as a rental deposit from the victim.

2. Since then, the Defendant did not pay KRW 7 million to a lessor and used it individually, and concluded a lease contract with a lessor around June 18, 2016, and around June 20, 2016, the Defendant stated to the effect that the lessee should pay KRW 10 million to the victim through the above E because the lease deposit has been changed to KRW 20 million. The victim, other than the above KRW 7 million, has been aware that the victim paid the Defendant additional KRW 3 million to pay KRW 10 million to the Defendant and additionally remitted KRW 10 million to the lessor’s account.

The defendant believed that around June 22, 2016, the rental deposit amounting to 20 million won was paid in all in the Buddhist area Seoul and below.

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