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(영문) 수원지방법원 성남지원 2019.05.14 2017고단2773 (1)

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 25, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.) in the Sung-nam Branch of Suwon District Court, and completed the execution of the sentence on June 28, 2012. On October 19, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a violation of the Game Industry Promotion Act and the judgment became final and conclusive on April 19, 2017.

1. B and the Defendant conspired to defraud the money of the victim B and the Defendant, and accordingly, the Defendant made a false statement to the victim C in the coffee shop in Gangnam-gu Seoul, Gangnam-gu, Seoul, on April 2013, 201, in order to enter D stores because there are too many waiting persons who want to rent. The amount of KRW 50 million may be delivered to the management director of the Dongdong-gu E store so that B, a management director of the Dong-gu E store, can lease D stores by delivering it to the commercial related persons at the same time, and B made a false statement to the same effect as the victim.

However, the defendant and B merely intended to use money from the victim for an individual purpose and did not have the intent or ability to allow the victim to lease the D commercial building in Dongdaemun.

around April 10, 2013, the Defendant and B received KRW 50 million from the victim to the F account managed by the Defendant under the pretext of the mediation of commercial lease.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

2. On April 2013, 2013, the Defendant’s sole criminal defendant stated that “The Defendant’s sole criminal defendant stated in paragraph (1) that “I will not give the money to D shop occupants even though he did so,” the Defendant again stated that “I need to pay additional cost KRW 20 million to the victim.”

However, in fact, the defendant only intended to use it for the personal purpose by receiving money from the victim, and let the victim lease the Do commercial building in Dongdaemun-gu.