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(영문) 부산지방법원 2018.03.16 2017고단799

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 12, 2014, at around 13:00, the Defendant entered into a contract for the instant restaurant with the victim D (51) in the restaurant (hereinafter “instant restaurant”).

The location of the materials should be stolen, and investment is different.In the event of profit, it will be divided.

“......”

However, in fact, the Defendant concluded a lease agreement on the instant restaurant building and did not perform the obligation to pay the remainder of KRW 30 million,000,000,000 which was agreed upon, and did not perform the obligation to pay the remainder, and thus, the restaurant business cannot be run directly upon delivery of the instant restaurant building. Therefore, even if the Defendant received the investment money from the injured party, there was no intention or ability to return the profits accrued from the business, or to return the investment money.

As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received five million won from the victim, i.e., the delivery of five million won from the seat, from the time to August 26, 2014, issued a total of eight times in total, such as the list of crimes in [Attachment], from August 26, 2014.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Part of the suspect examination protocol against the defendant;

1. Statement made with D;

1. Application of Acts and subordinate statutes to the details of deposit transactions, proof of contents, performance letter, real estate lease contract, each photograph/cinematographic output;

1. Article 347 (1) of the Criminal Act, comprehensively including the relevant Article of the Act and the choice of punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of recommendation] general fraud [the scope of recommendation] / (6 months to one year and six months) basic area (the sentencing decision] according to the sentencing guidelines / [the sentencing decision] / although there are criminal records of the same kind of law, it has been 10 years prior to the lapse of 10 years, and there has not been criminal records exceeding the fine, and the victim is also believed only to be the end of the defendant who made a friendship.