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(영문) 수원지방법원 성남지원 2017.02.09 2016고단830

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 1, 2013, the Defendant received the victim E and the victim F at the “D” restaurant located in G in G in the Sungnam-gu Seoul Metropolitan City, Sung-gu, G department H, and sought to take over this restaurant.

When the restaurant is received and operated, the sales amount of 7,000-9,000 won per month may be increased to at least 4 million won per month.

In order to take over this restaurant, it is necessary to pay a total of KRW 460 million, such as KRW 200 million, KRW 200,000,000, such as KRW 200,000 and KRW 200,000,000.

It will invest the amount of KRW 260,000,000.

The term "I would like to operate this restaurant by investing 100 million won by each person as a security deposit."

However, the Defendant did not invest his own property and did not notify the victims of this fact even though the Defendant intended to take over KRW 260,000,000,000,000,000, including the lease deposit of KRW 210,000,000,000. Furthermore, the Defendant attempted to use the funds invested by the victims as operating expenses instead of the above restaurant deposit. The above restaurant was in a state of the monthly sales of KRW 40,000,000, and it was virtually difficult to improve its management. At the time, the Defendant was liable for a debt of KRW 210,000,000,000 or more to the financial right of KRW 200,000,000,000 from the victims, even if she was invested in the above restaurant, it did not have any intent to use it as the above restaurant deposit, and there was no intention or ability to change it.

The Defendant received KRW 100 million from the Victim F to the Nonghyup Bank account (I) account in the name of the Defendant on December 13, 2013, under the pretext of investment of deposit money, from the Victim E, and received KRW 40 million around January 14, 2014, and KRW 60 million around February 24, 2014, and received KRW 200 million in total from the said account under the same pretext as the victim E.

Accordingly, the defendant was delivered property by deceiving the victims.

b)a summary of the evidence;