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(영문) 인천지방법원 부천지원 2017.09.08 2017고단1353

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 21, 2006, the Defendant was delegated to dispose of the 1st floor D 1st floor store in Seocheon-gu, Seocheon-gu, Seoul, and entered into a contract on collateral with C and C to pay 50 million won as the deposit for on deposit to C and from June 30, 2006 and to pay 4 million won as the monthly rent and public charges.

Around 15:00 on March 21, 2006, the Defendant entered into a Dong business agreement with the victim E to jointly operate the adult skin at the second floor of the above building, and the victim “The first floor and the second floor of the above building shall be at least KRW 150 million, and C and the restaurant shall be operated in the first floor; the first floor shall be at least KRW 100,000,000,000,000,000,000,000 won, and the first floor shall be at least KRW 50,000,000,000,000,000 won, and the first floor shall be at least KRW 75,50,000,000,000,000,000 won, which shall be at least KRW 50,000,000,000,000.

However, in fact, the Defendant did not operate a restaurant on the first and second floor of the above building with the above C as a partnership business, and as above, the Defendant entered into a contract on the collateral to pay the deposit of KRW 50 million until June 30, 2006, and the above store deposit was not KRW 100 million, and there was no intention or ability to guarantee the return of the deposit even if the Defendant received KRW 75 million from the injured party due to the absence of any particular property at the time.

The Defendant received KRW 75 million from the injured party on the following day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer with respect to E, C, and F.