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(영문) 서울북부지방법원 2018.05.04 2017고합141
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal history] On August 31, 2015, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment for perjury by the District Court of Jung-gu, which became final and conclusive on November 10, 2016.

[2] The defendant is a person who operates the "Curel (D)" under the name of the defendant's words "E" at the time of his Government.

On March 2013, the Defendant would provide the Victim H with a remodeling work equivalent to KRW 700,00,000 if the Defendant leased the cel at KRW 1.2 billion to the G Office in Jongno-gu Seoul, Seoul.

If 70 million won is first paid as down payment and intermediate payment, the lease deposit of the former lessee will be returned, and 200 million won will be paid in advance for remodeling construction expenses and the construction will begin.

The remaining deposit amount of KRW 500 million was paid for construction costs according to the progress of the construction project.”

However, on February 28, 2011, when the Defendant obtained a loan from an I Bank as collateral and leases the above Cel to a third party, the Defendant obtained the consent of the Bank. In other cases, even if there was no objection to the loss of the term interest even though the special agreement was made, the Defendant was in a state of leasing the leased deposit amount of KRW 700 million to J, a third party. On October 27, 2012, the termination date of the lease contract, the J failed to obtain an extension from the I Bank on February 28, 2013 due to the failure to request the return of the deposit after the termination date of the lease contract, and the cancellation of the registration of the establishment of the right to lease on a deposit basis. Accordingly, the Defendant was obliged to pay a high interest rate in arrears, and as a result, the lessee was no lessee at an interest rate of more than KRW 70 million,0000,0000,000,0000,000,000).

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