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(영문) 대전지방법원 천안지원 2017.11.22 2017고단2218

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant, from the end of 2014 to February 2, 2017, is a person who leased part of the 1st floor of the Daejeon Seo-gu Daejeon Metropolitan City D, Daejeon, and operates an E-official brokerage office.

The Defendant was on the first floor of the above commercial building;

The F will be able to display “G” and “I beauty room” of the F operation and to raise rent by moving into J convenience points.

The lease was made in accordance with the proposal and the lease was made.

The Defendant received money from the Victim K who tried to open a J convenience store in G and I beauty art room under the name of G and I beauty room’s premium.

On November 2016, the Defendant contacted the victim with the deceased on the date of 2016, thereby allowing the Defendant to enter into a J convenience store lease agreement on the said G and I Beauty.

In this regard, it is necessary to provide KRW 20 million in total and KRW 40 million in premium in each of G and I beauty art room.

“I do not pay money to the victim after this mold,” which means that “I will not pay money to the victim in addition to KRW 5 million in premium on the cosmetic side.”

After concluding the negotiations with the injured party, the author has agreed to pay the final premium of KRW 43 million on December 31, 2016 to the injured party for the acquisition of real estate rights worth KRW 43 million.

However, the facts were that the cosmetic operator did not request for the premium, and G agreed to pay only the premium of KRW 15 million.

As above, the Defendant: (a) by deceiving the victim on November 25, 2016; (b) obtained a total of KRW 43 million, including KRW 4.2 million, and KRW 3 million, on January 31, 2017, from the victim; (c) paid KRW 15 million to the Defendant Agricultural Cooperative; and (d) acquired a total of KRW 43 million, including KRW 38.8 million, from the victim on November 25, 2016; and (e) obtained a delivery to the Defendant Agricultural Cooperative; and (e) acquired the difference of KRW 28

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each police statement made to H and K;

1. The acquisition of real estate rights is also a contract, K's passbook;