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(영문) 창원지방법원 2013.11.12 2012고단3778 (1)
사기
Text

Defendant

In the case of each fraud against the victim G, H and I in the judgment of A, the victim J in the judgment is sentenced to imprisonment for four months.

Reasons

Punishment of the crime

Defendant

A on August 13, 2008, after being sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court on October 8, 2008, the above judgment was finalized on November 8, 2008 (hereinafter “(i)”); on January 29, 201, the Changwon District Court sentenced two years of suspended execution to ten months of imprisonment for fraud; on July 9, 201, the above judgment was finalized on October 201 (hereinafter “B B”); and on October 7, 201, the Seoul Central District Court sentenced eight months of imprisonment for fraud at the Seoul Central District Court on October 15, 201, and became final and conclusive on October 15, 2011.

(hereinafter referred to as “III division.” On January 29, 2010, Defendant B was sentenced by the Changwon District Court to a suspended sentence of ten (10) months of imprisonment for fraud, and the said judgment was finalized on July 9, 201. On February 17, 2012, Defendant B was sentenced to a suspended sentence of two (2) years of imprisonment for embezzlement, etc. at the Changwon District Court, and the said judgment became final and conclusive on April 15, 2013.

Defendant

A is in charge of the overall management of L Apartment 101 households in the time of J's advanced as the representative director, and Defendant B was in charge of the sale of the above apartment as a director of the above company.

On September 11, 2008, the Defendants concluded a lease agreement with the victim G about the above apartment 101 304, as if they were entitled to lease the above apartment.

However, on August 5, 2008, K Co., Ltd. took out a loan of KRW 22.7 billion for the above apartment house from the Hyundai Swiss Bank as collateral, and entered into a special contract with Hyundai Swiss Bank, Inc., a trust company of the above apartment, that cannot enter into a lease contract without the consent of the above apartment company, so the Defendants did not have the right to lease the above apartment without the consent of the Hyundai Swiss Bank and the Comscisco trust company.

Nevertheless, the Defendants deceiving the victim as if they had the right to lease the above apartment without the consent of the Hyundai Sscis Bank and the Coscisco trust.

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