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(영문) 대전지방법원 천안지원 2016.06.10 2016고단189

사기

Text

A defendant shall be punished by imprisonment for two years.

The defendant pays 100 million won to the applicant for compensation. The above compensation order shall be issued.

Reasons

Punishment of the crime

From around September 2013, the Defendant leased the above building 1, 2, and 3 to 3,750,000 won per month (the monthly rent of KRW 4,250,000 after May 2015) and operated the sales store in the name of “H” as the monthly deposit of KRW 30,000,000,000, and thereafter, the Defendant was engaged in the precious metal sales business from around July 13, 2015 by changing the trade name of “I” to “I.”

1. On September 2013, the Defendant against the victim E intends to engage in the business of selling precious metals in the name of “I” by purchasing this building from the victim and expanding the previous “H” store that had been operated on the first floor to the first floor, the second floor, and the third floor.

It is expected that the loan of KRW 150,000,000 from the business fund will be extended and opened to expand the house store, and the amount of KRW 10,000,000 to KRW 20,000 per month will be repaid from two months after each month.

“The phrase “ was false.”

However, the defendant merely leased the first floor, the second floor, and the third floor of the above building with a deposit of KRW 30 million, the monthly rent of KRW 3750,000,000, and did not have purchased the above building. The defendant did not have any specific property or income, other than the I precious metal sales store, and there was no way to additionally borrow money from the victim including the victim, and even if he borrowed money from the victim, there was no intention or ability to pay KRW 20,000,000 each month from the second month to the second month, even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim to the above national bank account of the Defendant around September 12, 2013 and acquired it by deceiving the victim.

2. On March 10, 2014, the Defendant against the victim D wanting to expand I store and purchase new precious metals with the victim D at the above “I store.” The cost of purchasing goods is required.