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(영문) 수원지방법원 성남지원 2016.04.28 2015고단2686

사기등

Text

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

Reasons

Punishment of the crime

1. Fraudulents and occupational embezzlements against victims B;

A. On September 11, 2014, with the knowledge that the victim B prepared for the opening of the “D” restaurant in Gwangju-si, Gwangju-si, the Defendant entered into a contract with the victim for a real estate broker instead of a total of KRW 10 million deposit, KRW 6 million per month, KRW 500,000 per month, and the room room room for restaurant employees is KRW 4 million per month, and KRW 350,000 per month.

“A false statement” was made.

However, the above security deposit is KRW 5 million and the above studio security deposit is KRW 1 million and even if the suspect receives KRW 10 million from the injured party, it was a plan to limit the total amount of KRW 6 million and KRW 4 million and arbitrarily consume the remainder of KRW 4 million.

Nevertheless, the defendant deceivings the victim as above and received the delivery of KRW 10 million from the victim, thereby acquiring the pecuniary benefits of KRW 4 million.

B. The Defendant has been engaged in the business embezzlement and collection of food in the “D” restaurant operated by the injured party, as the chief of the business.

On November 20, 2014, the Defendant embezzled food of KRW 13,50 after delivering food to F located in Gwangju-si, and received 13,500, and embezzled at will for the victim at around that time, and embezzled at will, around November 25, 2014; KRW 21,500 on November 27, 2014; KRW 34,000 on November 28, 2014; KRW 12,00 on November 29, 2014; KRW 7,000 on November 30, 2014; and KRW 123,50 on December 23, 2014; and KRW 12,50 on December 23, 2014.

2. Fraud against victim G;

A. Around October 5, 2014, the Defendant related to the cash card made a false statement that “The Defendant was to receive money from the victim to another person, but cannot make a passbook in the current bad credit standing.”

However, the defendant was planned to withdraw the cash card and passbook from the victim's account in the name of the victim.