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(영문) 서울중앙지방법원 2016.12.08 2016고단2857
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

After building D and Seocho-gu Seoul E building, the Defendant owned 1/2 shares.

(However, the Defendant held shares in the name of Bana F). The Defendant, despite the fact that the lessees of the above building had concluded a charter contract, did not ask D to use the difference between the rent deposit and the difference.

1. On October 12, 2009, the Defendant, at the above E-building management office, had an employee prepare a real estate lease contract containing the terms of “605 million won,” “one million won,” “one million won,” “one million won,” “one million won,” “one million won,” and “one hundred and five million won,” and “one hundred and fifty-one, five hundred and fifty-one, five, five, five, five, five,000 won,” and the Defendant, without the consent of each lessee, arbitrarily prepared a monthly lease contract as indicated below, and had the management office keep the lease contract. On October 12, 2009, the title of the leased part of the E-building management office’s lease in the E-building management office, “605, deposit money,” “one million,” “one million and five,0000,0000 won,” “Lease,” the lessee’s name, “one, five,000,0000,00 won,” and one,0000 won.

2. On March 16, 2011, when the Defendant sold 1/2 shares in the above E building owned by the Defendant to the victim D, the Defendant was paid the remainder of the amount calculated by deducting the total amount of the deposit money from the total amount of KRW 20 million on condition that the Defendant issued the forged lease contract under the above 1. On condition that the victim takes over the obligation to return the deposit money.

However, the above 605 G is the lease deposit on October 12, 2009.

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