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(영문) 서울중앙지방법원 2016.01.15 2015고단6160
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[M] On June 5, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on the 13th day of the same month and the sentence became final and conclusive.

[2] The Defendant had a studio rental business against students and unmarried employees, who owned the studio building in C, composed of a total of 35 households from the 1st to the 5th above ground.

In this regard, from 2003, seizure and release of the above building have been repeated due to national taxes in arrears due to the aggravation of the economic situation of the defendant, especially since 2011, the tenant failed to accept the tenant's request for the return of the lease deposit, and the tenant made a request for provisional seizure. In the process, the decision of compulsory commencement of auction was made on October 15, 2012, and the procedure was in progress.

Although the decision to commence an auction by compulsory receipt of the person on October 15, 2012 was withdrawn on January 31, 2013, the return of the lease deposit to other lessees was delayed, and the new decision to commence an auction on February 5, 2013 was made on February 5, 2013, and the voluntary auction was started separately on April 5, 2013.

On January 24, 2013, the Defendant: (a) in the studio building owned by the Defendant located in Gwanak-gu in Seoul Special Metropolitan City around January 24, 2013; (b) notwithstanding the fact that the Defendant did not intend to rent the studio to another person and receive the deposits for lease, the Defendant reported the Internet advertisement; and (c) was unaware of the fact that the Defendant was forced auction due to the Plaintiff’s lack of experience as at the time of the Plaintiff E, thereby failing to verify the real estate register in advance; (d) using the fact that the Defendant was unaware of the fact that the real estate register was in progress due to the Plaintiff’s lack of experience as at the time of the Plaintiff E, the Defendant promised to return the deposit at the time; and (e) at the lease rate of one year after the lease period of one year thereafter; and

2.14. Minority KRW 25 million;

2. A total of KRW 50 million, including around 20.20,000,000.

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