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(영문) 울산지방법원 2018.05.10 2017고단4289 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On February 3, 2017, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Ulsan District Court on June 201, and the judgment became final and conclusive on the 11th of the same month.

[Criminal facts]

1. On April 8, 2016, the Defendant against the victim C was at the second floor rest room in the Yansan-gun, Ulsan-gun, Ulsan-si, Seoul-do, the Defendant leased the store to D, who is the husband of the victim C, with a container built of the container around the F located in Ulsan-gun E, Ulsan-si, the Defendant leased the store to KRW 30 million for a period of five years.

However, since the current state of open preparation has become open, it was said that it would be possible to operate a store from June 30, 2016.

However, in fact, the defendant was not the owner of the above store and was not the lessee, and the victim did not have any authority or ability to lease the store.

The Defendant, as such, by deceiving the victim, received 10 million won as down payment from the victim, through the said D on the same day.

2. On June 27, 2016, the Defendant against the victim G is entitled to secure a sales of at least 20 members of the average contractor and partner company, who received an I restaurant from the beginning of July of the next year and operated by the Ulsan-gun E, Ulsan-si, Seoul-si, and received an I restaurant from the beginning of July of the next year.

It would be possible to obtain the right of operation of the restaurant by transferring KRW 100 million to the I restaurant operation right on the face of the State, and by obtaining the right of operation of the restaurant to the two Busan Heavy Industries and its subcontractors, the contractor of the F new construction.

“.........”

However, on December 31, 2015, the Defendant had already closed the said I restaurant due to the operation of the enemy, and the Defendant decided to transfer the I restaurant to J around May 10, 2016 and received KRW 50 million premium, but did not notify the victim of this fact.