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(영문) 광주지방법원 2020.10.22 2020고단299

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Power】 On January 19, 2016, the Defendant was sentenced to a suspended sentence of two years on August 27, 2016 at the Gwangju District Court for the crime of violation of the Road Traffic Act, etc. and the judgment became final and conclusive on January 27, 2016.

【The Defendant, on August 2015, made a false statement to the effect that “The Victim C has a call text that he rents and operates,” and that “The Defendant shall sublet the monthly rent deposit of KRW 7 million from August 29, 2015 to August 29, 2017, and KRW 4 million from the monthly rent of KRW 7 million.”

However, on June 1, 2015, the Defendant succeeded to a lease agreement with the owner of a building on condition that he would provide F, a lessee of E 2nd underground story E, located outside Gangnam-gu, Seoul, and seven parcels, with KRW 150 million. However, the Defendant did not pay approximately KRW 130 million out of the above money, and paid KRW 90 million to F, and the Defendant did not receive the said sub-lease deposit and operated the said sub-lease, but did not receive the said sub-lease deposit and the coffee shop around July 16, 2015, and attached corporeal movables necessary for business, such as sound equipment, fish containers, and air condition within the said goods storage and coffee shop. Thus, even if the Defendant and the goods shop were to sublease, the Defendant did not have an intent to reduce the business ability during the sublease period.

On August 20, 2015, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Hbank account (Account Number I) in the name of the Defendant on the pretext of monthly rent deposit, and received KRW 20 million from the non-permanent place on August 21, 2015, and received KRW 40 million from the non-permanent place on August 25, 2015, respectively. < Amended by Act No. 13588, Aug. 25, 2015>

Accordingly, the defendant deceivings the victim and defrauds 70 million won in total.

Summary of Evidence

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