(영문) 의정부지방법원 2018.04.10 2017고단2788

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(영문) 의정부지방법원 2018.04.10 2017고단2788

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 2014 to June 2016, the Defendant leased D in Gyeonggi-gun C with a view to running a water leisure business and accommodation business.

1. Around March 2016, the Defendant: (a) called the victim E by telephone from the foregoing D that “The Defendant would pay the D rent of KRW 30 million to the victim E; and (b) the Defendant would pay the D rent within the month.”

However, in fact, the Defendant paid rent by lending money due to the operation of the above D around 2014 to 2015, and the situation where the lessor continued to pay rent was urged, and the real estate owned by the Defendant was extremely worse, such as the sale of the real estate at auction or provisional attachment, and there was no intention or ability to pay the rent even if the Defendant borrowed money from the victim, because of the extreme aggravation of the financial situation.

On March 8, 2016, the Defendant: (a) on March 8, 2016, KRW 10 million from the damaged person under the pretext of a loan;

3.12.5 million won;

3. A total of KRW 30 million was remitted to the Agricultural Cooperative Account under the name of the Defendant.

2. On March 31, 2016, the Defendant entered into a contract with the victim, stating that “The said victim would pay rent of KRW 40 million from March 31, 2016 to March 31, 2017, on the lease of KRW 12,00,000 from March 31, 2016 to March 31, 2017.”

However, in fact, the Defendant had been urged to pay the rent from the lessor under the circumstances where the financial situation significantly deteriorated as above, and thus, it was impossible to normally operate the said D and make profits therefrom, and thus, there was no intention or ability to pay the rent even if the Defendant leased the 12 lease from the injured party.

The Defendant did not pay rent of KRW 40 million to the injured party while leasing 12 car clubs owned by the injured party on the same day from the injured party, thereby acquiring property benefits equivalent to the same amount.

This is the defendant's property by deceiving the victim.

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