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(영문) 대구지방법원 2015.02.26 2014고단4159

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant leased and operated a cafeteria of the first floor underground of the D Training Institute (hereinafter the above Training Institute) located in Daegu Suwon-gu C.

1. On December 13, 2012, the Defendant entered into an agreement on the transfer of the right to real estate with the victim’s husband as the transferee and entered into an agreement on the transfer of the right to real estate with the victim’s KRW 20 million on December 17, 2012, with the victim E, and received KRW 20 million on December 17, 2012, as the Plaintiff invested KRW 60 million in the principal bank, etc., the Plaintiff shall transfer the right to operate the restaurant at the principal place, and upon the expiration of the contract period after 7 months, the Plaintiff shall transfer the right to real estate with the Plaintiff’s husband at the same place, and received KRW 30 million on December 31, 2012, including the intermediate payment of KRW 50 million,000,000,000,000 from the principal place. < Amended by Act No. 11308, Dec. 31, 2012>

As above, the Defendant deceivings the victim as if he could transfer the business rights of the restaurant of the above training institute, and acquired the above money into the premium.

2. On May 10, 2013, the Defendant made a false statement to the victim E at the restaurant of the said training institute that “The Defendant would have the right to operate the 15 million won store and self-market, which would be exceeded the right to operate the H and return to H the remaining 15 million won as security deposit, with the amount of KRW 25 million.” The Defendant made the victim transfer the amount of KRW 15 million to the I Agricultural Cooperative Account as required by H around May 10, 2013, thereby having the victim pay the Defendant’s debt on behalf of the Defendant.

In fact, the Defendant could not transfer the right to operate a shop and a self-market of the said training institute even if he/she received the premium as above 1., and even if he/she was notified by the said training institute on January 2013 that he/she could not recontract the operation of a shop and a self-market, he/she acquired property profits by deceiving the victim.

Summary of Evidence

1. Part of the defendant;