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(영문) 서울중앙지방법원 2019.06.11 2018고단4101

사기등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Even if the facts charged are acknowledged as follows, there is no concern that there is no substantial disadvantage to the defendant's exercise of his right to defense. Thus, without the amendment of indictment, ex officio recognition as follows.

The Defendant is a person who operates G Co., Ltd. (hereinafter referred to as “G”) in Gangnam-gu Seoul Metropolitan Government F.

G entered into an entrusted operation contract with the Korea Labor Welfare Corporation for the first floor of the H hospital operated by the Korea Labor Welfare Corporation and the first floor of the underground floor of the H hospital.

On December 8, 2016, the Defendant concluded a contract for re-entrustment with the victim B on one of the six stores of the first floor PH hospital underground in G office, and concluded a contract for re-entrustment with the victim, stating that “If the Defendant pays the victim KRW 20 million for the cost of house construction, deposit KRW 10 million for the said store shall be entrusted with the operation of the said store.”

However, in fact, G did not pay the rent to the Korea Labor Welfare Corporation from May 2016 due to the dispute with the Korea Labor Welfare Corporation in relation to the entrusted operation contract, and around November 25 of the same year, G was notified by the Korea Labor Welfare Corporation of the termination of the entrusted operation contract. Therefore, even if the victim received the cost of collecting facilities from the victim, the victim did not have the intent or ability to have the store operated normally

As above, the Defendant, by deceiving the victim and deceiving the victim from the victim on December 8, 2016, under the pretext of the cost of collecting facilities, acquired the amount of KRW 1 million on December 8, 2016, KRW 19 million on December 12, 201 of the same year, and KRW 20 million on December 12, 201 of the same year through the I Bank Account in the name of G.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness K in the court;

1. Partial statement of witness B in the second protocol of the trial;

1. The police statement concerning B;

1. A contract for the entrusted operation of a food sheet;

1. Notification of the termination of the entrusted operation of coffee stores and food sets, and a standard service contract;

1. A copy of the business registration certificate;

1. Application of the law of the decision of the provisional disposition of real estate name gambling