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(영문) 수원지방법원 안양지원 2011.12.27 2009고단1535

사기 등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who operated a “Catae club” in Nam-gu Incheon Metropolitan City.

1. On December 2008, the Defendant: (a) was delegated by the victim D with the authority to transfer a store, and sold the said club on behalf of the victim; (b) transferred the right to the store on behalf of the victim; and (c) agreed that KRW 100 million of the victim’s store deposit money was returned to the Defendant.

After that, on March 29, 2009, the Defendant transferred the age club, including a store of the victim, to E at a Buddhist place, at KRW 520 million, and embezzled the amount of KRW 100,000,000, which was paid around that time and was kept in custody for the victim by arbitrarily using the Defendant’s debt repayment, etc.

2. Around March 29, 2009, the defrauded, at G hotel H coffee stores located in Seoul F, sold the above age club to E. Around March 29, the Defendant entered into a lease agreement with the building owner of the above age club, and E paid KRW 350 million under the name of the security deposit, and even if he received the purchase payment from the victim J and K, he/she did not have the intent or ability to sell the above age club to the victims, he/she is the president of the above age club, and he/she is well aware of the opposing opinions among the partners. Since there is no regular contract with the golf trader, and there is no yet a lot of money, he/she may change the contractor if there is a lot of money, and then, he/she acquired the total sum of KRW 50 million from the victims to the national bank account on the same day, and then acquired KRW 50 million from the victims to the above account on the 30th day of the same month.

Summary of Evidence

1. Each prosecutor's protocol of examination of part of the accused against the accused (including each substitute part);

1. Each police officer's statement of D, J, L, and E;

1. Real estate lease agreement (No. 2 No. 5).