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(영문) 전주지방법원 2016.02.17 2015고단1820

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 2014, the Defendant: (a) was working at the “E dan Dok-si” located in D, the Defendant met the victim G, who was working as a civilian military employee belonging to F of the Navy headquarters, and (b) had experience in operating the restaurant by the victim in the process.

at the same time, while serving as a restaurant, to live together;

On the other hand, there was a promise to prepare KRW 70 million necessary for preparing and operating a restaurant by promising the victim to live together in the future with the victim.

On October 1, 2014, the Defendant did not know about the restaurant that he operated, and even though he did not conclude a provisional contract on the restaurant building, the Defendant calls to the victim for “A restaurant operated by the Donsan Police Station near the Gu Donsan Police Station,” and that the Donar is only a restaurant.

The phrase “a request to prepare KRW 10,000,000 is to be made even at a restaurant operator’s license agreement” is false, and it receives KRW 10,000 from the injured party to the interest credit cooperative account under the name of the accused as the down payment, and on January 15, 2015, from the interest credit cooperative located in the Dong-si, Ysan-si, the facts were not under the contract of the restaurant, and even if it is not possible to prepare and operate the restaurant even if the injured party did not receive money from the injured party under the contract of the restaurant, even though it did not have the contract of the restaurant, it was done as soon as he received money from the injured party under the contract of the restaurant and received KRW 60,000,000 from the injured party as the deposit and operating expenses of the restaurant.

Accordingly, the defendant, by deceiving the victim, obtained 70 million won from the victim to receive 70 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the examination of the accused by the prosecution (including the G's statement part);

1. Statement of the police statement related to G;

1. A complaint;

1. Determination as to the defendant's assertion on the statement of self-reliance deposit 1.