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(영문) 의정부지방법원 2015.09.21 2014고단4860

사기등

Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In September 2013, 2013, the Defendant: (a) the Defendant received the said entertainment tavern in the “D”; (b) the Defendant received the said entertainment tavern from E; (c) the said entertainment tavern security deposit is KRW 30 million; and (d) even if the Defendant was to receive an investment of KRW 50 million from the victim F even though he did not intend to receive an investment of KRW 50 million from the said E, even though he did not intend to receive it as the said security deposit, the Defendant was obliged to pay the victim for the said entertainment tavern; (d) the Plaintiff’s defect in the business to take over and operate the said entertainment tavern; (e) the said entertainment tavern security deposit is at least KRW 50 million; and (e) the said entertainment tavern security deposit is at least KRW 3 million for each month when making an investment.

Next, even if a funeral service is discontinued, the deposit can be refunded, so it is not a loss.

“A false statement was made to the effect that the Defendant was the victim. Around November 13, 2013, the Defendant deceiving the victim and deceiving the victim, stated that the Defendant was remitted KRW 49.8 million to the bank account in the name of the Defendant to KRW 50 million from the victim. However, according to the evidence duly adopted and investigated by this court, the amount remitted by the Defendant from the victim is recognized as having no substantial disadvantage to the Defendant’s exercise of his/her right to defense. Even if the correction was made, it is determined that the Defendant would not have any substantial disadvantage to the Defendant’s exercise of his/her right to defense. Accordingly, the Defendant was remitted. On April 2, 2014, 201, G apartment 111, 1804, the Defendant’s house of the Defendant, who was requested from the said F to return KRW 50,000,000,000,000,000,000,000,00,00,00 G10.