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(영문) 대전지방법원 2015.02.11 2014고단4125

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 21, 2012, the criminal defendant against the victim C received a proposal from D, the president of his/her business partner, to accept the "F" operated by Sungnam-si E, Sungnam-si, and on February 21, 2012, the defendant acquired 60 million won on the condition that the victim takes over the deposit deposit amounting to 30 million won and the obligation for goods payment, etc. to be returned to the operator of Sungnam-si, the victim at the above F 2nd coffee shop on February 21, 2012. The defendant made a false statement to the effect that "The payment of the down payment and intermediate payment amounting to 30 million won is to be made on February 21, 2012, and 30 million won is to be made on March 31, 2012."

However, in fact, the Defendant had a debt amounting to KRW 85 million at the time, but had to lend down payment due to lack of self-sufficiency, and thus, even if having received fee from the victim, even if he did not have any intent or ability to pay the purchase price, he/she deceiving the victim as above and ordered the victim on February 22, 2012, when he/she did not pay the purchase price of KRW 60 million, and acquired the pecuniary profit equivalent to KRW 40 million from the victim by deceiving the victim. < Amended by Presidential Decree No. 23790, Mar. 2, 2012; Presidential Decree No. 23568, Feb. 22, 2012>

2. Fraud against victim D;

A. On February 21, 2012, the Defendant made a false statement to the effect that “I,” at the “I” office of the victim’s “I” in the Songpa-gu Seoul Metropolitan Government G ( Jeju) H 665, decided to accept the Plaintiff’s “I,” and the down payment is insufficient. If the Defendant borrowed KRW 20 million, he/she will complete payment within one month.”

However, in fact, the Defendant had a debt equivalent to KRW 85 million at the time, and the Defendant had to pay KRW 40 million to C within one month, and thus, even if having borrowed money from the victim, he/she did not have the intent or ability to repay it within the due date, and was issued KRW 20 million from the victim as the loan money.

B. The Defendant:

at the same time, place, such as paragraph.