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(영문) 인천지방법원 2016.03.16 2015고단7692

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant operated Dweves in Yongsan-gu Seoul Metropolitan Government from August 1, 2008 to May 31, 2012.

On October 2010, the Defendant prepared a contract for the lease of the victim E and cosmetic and cosmetic, which the Defendant wishes to operate the dice shop at the above Dware Office, and paid to the Defendant KRW 250,000,000,000 to the Defendant for operating the dice shop.

On the other hand, if the money is paid by 125 million won, then the money will be returned without changing the deposit at the end of the lease period.

“Falsely speaking to the effect that it is “......”

However, it is true that the defendant, including loans at that time, has an individual debt amounting to 1.1 billion won.

Only interest on loans, etc. was in need of KRW 10 million per month, and at the time the defendant operated;

D The operation of crowdfunding has been operated separately in Incheon under the circumstances where the enemy is in a bad morals due to the difficulties in operation of crowdfunding.

G The rent of KRW 18,595,500 is not paid with the G's profits, and even if the person who was in arrears with the rent was paid the lease deposit from the damaged party, there was no intention or ability to return the lease deposit at the expiration of the lease term.

Nevertheless, the defendant deceivings the victim as above and received 125 million won as the deposit money from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the defendant or H by the prosecution;

1. Statement made by the police for E;

1. A process certificate, business contract, beauty art lease contract, and store lease contract;

1. Details of financial transactions (including deposits without passbook);

1. Application of Acts and subordinate statutes on the current status of the imposition of rents, 2010, which will be made by Dweing services;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the stay of execution (The following circumstances shall be considered in favor of the reasons for sentencing):

1. Article 62-2(1) of the Criminal Act, protection, observation, etc. of the community service order;