(영문) 서울중앙지방법원 2013.12.18 2013고정5895

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(영문) 서울중앙지방법원 2013.12.18 2013고정5895

사기

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Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 19:30 on December 15, 2010, the Defendant made a false statement to the victim C, stating, “The owner of the building shall manage the building as his/her agent at his/her own age.” On the Babbro 202, the lease contract will be concluded with the deposit amount of KRW 20 million, monthly income amount of KRW 400,000,000, monthly income amount of KRW 400,000, and the contract period of October 10, 201.”

However, the Defendant is merely a lessee who entered into a monthly rent contract with D owner of the building, and the Defendant did not pay monthly rent, and prepared a protocol of settlement with D prior to the filing of the lawsuit, and did not have any authority to enter into a lease contract with a third party on behalf of the owner of the building.

Nevertheless, the defendant, who has written an advertisement writing on the Internet and reported it to the victim, by deceiving him as above, and by deceiving him from the victim as the deposit money for lease, he shall receive 20 million won per day from the victim to the new bank account (F) in the E name of the defendant.

around November 10, 2009, the Defendant stated that “Around November 10, 2009, the Defendant, at the Defendant’s residence of Seocho-gu Seoul Seocho-gu Seoul Seocho-gu 301, entered into a contract with the victim to kill this building and actually owns it. KRW 302,00,000,000 per month, and KRW 30,000 per month, shall be leased for one year.”

However, the Defendant was merely a lessee who entered into a monthly rent contract with D owner of the building, and the overdue monthly tax was deducted from the security deposit because of the failure to pay monthly rent to D, and around April 2007, when D requests to leave the building, the Defendant did not have any intent or ability to return the security deposit amount of KRW 20 million even after the expiration of the lease period with D.

Accordingly, the defendant deceivings the victim, which is, i.e., 20 million won from the victim, and acquired it by the victim.

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