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(영문) 수원지방법원 여주지원 2016.06.22 2016고단375

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On October 22, 2015, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Suwon District Court Pyeongtaek District Court on March 15, 2016 and the judgment became final and conclusive on March 15, 2016.

[Criminal facts]

1. On August 19, 2014, the fraud Defendant leased the “F” restaurant site located in Yeonsu-gu Incheon to the victim D through B and C at the Gjin public office in Jung-dong, Jung-gu, Incheon, Jung-gu, 147-33, to the victim D through B and C. Around August 19, 2014, the Defendant entered into a lease agreement of KRW 30 million in monthly rent of KRW 30 million and KRW 2 million in monthly. He was in the place where he was in the funeral, and he was in the place where he was in the funeral, and as he was well in the funeral service, there was a lot of money if he operated the restaurant or the hall in the c-W-dong specialized restaurant, and actively helps the operation of the restaurant, with the victim as the lessee.

However, in fact, the defendant leased the above building E from the building owner G with a deposit of KRW 10 million, monthly rent of KRW 2 million, but the deposit was not paid at all due to excess of the obligation, and there was no prior notification or consent of the sub-lease to G. The defendant operated the above building on the same job.

The F cafeteria is not a business, and the attachment of a movable property is executed for the restaurant fixtures, so there was no intention or ability to transfer the right of lease to the victim so that the victim can operate the restaurant normally.

The Defendant received 20 million won from the injured party under the name of the same day as deposit money, and 10 million won around October 7, 2014, respectively, and received 150 million won on October 15, 2014 under the name of the premium, and received 50 million won on October 15, 2014 on the following day from each remittance.

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

2. The Defendant damaged the indication of official duties was holding 18 points of the total market value of 2,760,000 won in the cafeteria in Yeonsu-gu Incheon Metropolitan City E.