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(영문) 부산지방법원 2014.03.27 2013고단6423

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has operated a DNA art hall in Busan Dong-gu C.

Around December 1, 2011, the Defendant made a false statement to the effect that “The Defendant would sublet a beauty room in the above wedding hall, enter into a contract with 200,000 won monthly rent of 50,000 won to sublet a deposit, and allow the victim E to conduct business from February 1, 2012.”

However, in fact, cosmetics in the above wedding hall were operated by the defendant, and even if the victim received a sub-lease deposit from the victim, it was thought that it will be used to pay the overdue rent, and there was no idea to move out by returning it to the above third party.

In addition, from February 2010, the Defendant leased the above wedding hall from F to KRW 150 million, and paid KRW 53,170,000 per month rent and management fee. Since around March 201, the business performance has deteriorated and did not distribute the agreed profits to G et al. invested in the above wedding business. On December 201, 201, the unpaid rental deposit has already been deducted from the unpaid rent and there was little balance in the account used for the operation of the wedding hall, and there was no obligation to refund the borrowed money and the investment amount equivalent to KRW 692,00,000 in total. Therefore, the Defendant did not have any intent or ability to return the sub-lease deposit to the said third party and to withdraw the victim to operate the beauty room in the above wedding hall.

As above, the Defendant, by deceiving the victim, obtained KRW 10 million on December 12, 201, KRW 15,000 on the 15th of the same month, KRW 16th of the same month, KRW 10 million on the 16th of the same month, and KRW 20 million on January 25, 2012, by transfer to the national bank account under the name of each Defendant, and defrauded KRW 50 million in total.

Summary of Evidence

1. The defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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