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(영문) 창원지방법원 진주지원 2015.10.20 2015고단525

사기

Text

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

except that 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 planned to acquire and operate the E agency operated by S in Sacheon-si, the defendant borrowed money from relatives and money to raise KRW 200 million for acceptance fund.

In order to make business registration first, the Defendant prepared D and lease contract (a deposit of KRW 50 million, monthly rent of KRW 300,000) to the above E agency office, and promised to lend money of KRW 50,000 to pay it.

The Defendant: (a) around May 31, 2014, at the restaurant in Jinju-si, Jinju-si, the Defendant met the Victim F with the introduction of the branch in order to borrow money; and (b) “The Defendant borrowed KRW 30 million as the money was insufficient to take over and operate the agency.”

Therefore, the victim suggested that he will lend money when he provides the lease deposit of the agency office as security, and the defendant promised to offer the lessee under the lease contract as security by preparing a lease contract in the name of the victim.

On June 3, 2014, the Defendant, along with D and the victim, drafted a new lease agreement on the above office in the name of the lessor D and lessee in the name of the victim while preparing a new lease agreement, and delivered it to the victim, would not lend money if the victim becomes aware that the amount of KRW 50 million is not yet paid, and the lease agreement was already paid in the amount of KRW 50 million.

However, in fact, the defendant did not pay 50 million won to D, and he borrowed money from the victim to D in return for the repayment to D in return for the deposit, so the victim is unable to receive the deposit from D, and the lease contract to which the victim is the lessee is no longer.