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(영문) 대전지방법원 천안지원 2017.12.07 2017고단932

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 2016, 2016, the Defendant against the victim C, who took the part of the 6th floor of the building and the 7th floor warehouse of the building in Nam-gu, Nam-gu, Seoul Special Metropolitan City, the Defendant: (a) had the victim C operate the merc business shop on the 7th floor when inserting the guarantee amount of KRW 30 million into the 60 million; and (b) transferred the lease deposit amount of KRW 30 million on the 60th floor of the D building as security at KRW 40,000,000,000 out of the lease deposit amount of KRW 40,000,000.

“ ............”

However, at the time, the Defendant was unable to pay KRW 20 million in the intermediate payment that was paid by March 25, 2016 to the building owner the amount of KRW 40 million out of the lease deposit of KRW 40 million, and there was no intention or ability to allow the head of the building owner to operate the main shop on the seventh floor as the Defendant promised to receive the sublease deposit from the victim because there was no special property or income.

Therefore, on April 14, 2016, the Defendant received the total amount of KRW 5 million from the account in one’s name (FF) to the account in one’s own name on April 14, 2016, and KRW 20 million from the said account on the 19th day of the same month, such as receiving KRW 15 million from one’s own account (FF).

Accordingly, the defendant was given property by deceiving the victim.

2. On May 2016, the Defendant: (a) called the victim H, who was in an influorous place in the ceiling, called the victim H; and (b) leased the I apartment to the employees’ lodging room, the amount of KRW 60 million for opening a cover of KRW 60 million; and (c) KRW 20 million for the rent of the I apartment to the employees’ lodging room.

The operation fund has been paid in money by a person who has made an investment as well as the early 10,000. If four loans the operation fund, it will be paid up to June 30, 2016.

“ ............”

However, in fact, the defendant paid 11 million won out of the lease deposit to the building owner of a building who intends to operate a cover of 40 million won at the time, until March 25, 2016. < Amended by Act No. 14048, Mar. 25, 2016>