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(영문) 수원지방법원 성남지원 2012.09.21 2012고단702

사기

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. On October 20, 2005, the Defendant committed a crime of KRW 16 million under the pretext of the cost of installing a coffee board, saying, in the Defendant’s residence of 108 Dong-dong 801, Jung-gu, Seoul, Seoul, that “The victim D and E couple who became aware of the Defendant’s parents of the Defendant’s son-gu, would have the Defendant build and operate a coffee board on the first floor of the building.” The Defendant provided that “The Defendant would pay KRW 5 million per payment per son of the cost of installing a coffee board.”

However, in fact, the defendant had no intention or ability to install a coffee machine on the first floor of the above F new building.

Accordingly, the Defendant, by deceiving the victims as above, received five million won on the same day under the pretext of expenses incurred in installing coffees and self-sacilation, five million won on October 24, 2005, and six million won on October 25, 2005. < Amended by Presidential Decree No. 16650, Oct. 25, 2005>

B. On October 27, 2005, the Defendant committed the crime of KRW 41 million in the name of the sale price for commercial buildings, saying, at the place indicated in paragraph (1) of Article 1, “The first floor shop is 112,000,000 won when constructing the F building in order to construct the F building in order to ensure that the first floor is 103,00,000 won when some investment is made, the Defendant will give monthly profits while managing the building after the purchase of the above subparagraph 10

However, in fact, the defendant had no intention or ability to purchase the above F new building for the first floor.

Accordingly, the defendant deceiving the victims as above and received 41 million won as the price for the sale of commercial buildings from the victims.

2. The defendant and the defense counsel argued that the defendant received money from the victims as stated in the facts charged, but the defendant was unable to observe the promise because he could not occupy the G Over-the-counter business entity (TV race track) as scheduled after receiving the money from the non-governmental organization, etc., and that there was no intent to commit fraud, not by deceiving the victims.

The following circumstances, which can be revealed by the record, i.e., the Defendant’s building.