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(영문) 서울동부지방법원 2014.10.22 2014고단284

사기

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

An applicant for a compensation order shall apply for compensation.

Reasons

Punishment of the crime

"2014 Highest 284"

1. On October 22, 2010, Defendant A made a false statement to the victim H that “A shall have the right to operate a brine restaurant at the site of the construction site of the Gyang-gu Multi-Family Housing in Gangdong-gu Seoul Metropolitan Government.”

However, in fact, since the construction of multi-family housing in the Mayang-dong District was impossible to obtain the authorization or permission from the competent authorities, and the defendant did not have the intent or ability to transfer the right to operate the Maba-cafeteria to the victim.

On October 22, 2010, the Defendant, by deceiving the victim as above, received 50 million won from the victim to the deposit account in the name of the I designated by the Defendant as the transfer proceeds of the right to operate the restaurant, and received a total of 120 million won from two victims over three times from around that time to November 16, 2012, as shown in the annexed List of Crimes (1).

Accordingly, the defendant was provided property by deceiving the victims.

2. On October 26, 2010, Defendant B made a false statement to the victim H at the construction site of an apartment building located in the Guchodong-dong of the Government of the Government of the Republic of Korea, stating that “The Defendant will have the right to operate a boom restaurant at the construction site where the consideration and development is performed in the Guchowon New City.”

However, the defendant did not have the intention or ability to transfer his operating right to the victim because he did not secure the above boomer operation right.

The Defendant, by deceiving the victim as above, received KRW 40 million from the victim to his deposit account in the name of the J designated by the Defendant for the same day as the down payment, as well as from around that time to April 22, 2012, the Defendant received KRW 434 million in total from two victims on seven occasions, as shown in the List of Crimes (2).

Accordingly, the defendant had received property by deceiving the victims.

"2014 Highest 446"

3. Defendant A’s victim E