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전주지방법원 2013.08.27 2012고단2525

사기

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

On February 10, 2012, the Defendant agreed with the owner of the building to operate the coffee shop for five (5) years at the “E coffee shop” located in the Jeonju-gun, Jeonbuk-gun, 2012. However, if the Defendant operates the coffee shop, the amount of KRW 90 million for the premium may be sufficiently subtracted. The Defendant made a false statement to the effect that the Defendant would extend the coffee shop if it would go through a liquor to KRW 110 million, including the security deposit of KRW 20 million and the premium of KRW 90 million.

However, fact was that the defendant extended the above coffee Building G and the rental period for only one year.

As above, the Defendant, by deceiving the victim, obtained KRW 90 million from the victim as a premium for the said coffee shop, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant on the fourth public trial date; and

1. Each legal statement of witness F and G;

1. The suspect interrogation protocol of each police officer against the defendant (including each statement of F, G, and H);

1. The statement of each police officer made to F and G;

1. Each investigation report and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to written complaint, preparatory documents, written notice of contents, written confirmation for a third party, and written contract;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended execution is more favorable to the defendant, for the following reasons: (a) the confession of the criminal act committed by the defendant at the latest; (b) the victim has made a full repayment and smooth adjustment; and (c) the defendant is the primary offender; and (d) the circumstances favorable