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(영문) 부산지방법원 동부지원 2019.01.24 2018고단1288

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was from August 2015, the Defendant: (a) operated “C” camera on the 7th floor of the Suwon-gu, Busan; (b) on October 21, 2015, the Defendant agreed to acquire “E” from D (the 6th floor of the same building was in operation of “E” on the 60 million won; and (c) entered into a transfer contract with the amount of premium as KRW 60 million and paid KRW 10 million on the same day to D.

Around December 2015, the Defendant recommended the Victim F to operate the six-story E as a partnership with the victim F in the above “C,” and the victim F will no longer be engaged in a partnership with D, thereby running the six and seven-storys together. In addition, the Defendant continued to receive six-storys from the victim F and G around that time.

The premium is KRW 120,000,000,000 will be shown to D, and the six-story lease will be transferred in the name of D.

The purpose of this paper is to say that it would increase profits by operating with the 7th floor car page operated by the inside and outside of the country, so it would be able to increase profits by operating it as a partnership business. The details of the 2014 and 6th floor E in 2015 show the details of the 2014 and the 6th floor E, and as if the defendant paid profits, such as the above details.

However, in fact, the Defendant agreed to accept the sixth floor E from D and paid only part of the premium, and there was no profit from the operation of the sixth floor E due to D and D, and there was no profit from the amount of KRW 8 million per month, and the premium agreed with D was more than KRW 60 million.

As above, the Defendant: (a) received a total of KRW 117,300,000,000 from the victims to receive KRW 49,000 on January 29, 2016, KRW 130,000 on April 8, 2016, KRW 110,000 on April 21, 2016, and KRW 57,7,000 on April 25, 2016 from the victims to the Defendant’s account; and (b) acquired property benefits equivalent to KRW 57,30,000,000,000,000, excluding KRW 60,000,000,000 for premiums actually paid to D.

2. The defendant's defense counsel is as follows: