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(영문) 수원지방법원 성남지원 2013.10.25 2012고단2417

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

The Defendant: (a) was a person who runs a wholesale and retail business with the trade name “D” in Seongbuk-gu, Sungnam-gu; and (b) made a victim E (V, 52 years of age) to take over “G” at the 1st floor F in Seongbuk-gu, Sungnam-gu, Sungnam-si; and (c) agreed that the Defendant would directly operate the above company upon entrustment and distribute profits therefrom to the victim.

1. Around October 7, 2011, the defrauded concluded that “A” office operated by the Defendant was “D” office operated by the Defendant, and that “The Defendant transferred money to the victim as the purchase price of the G is KRW 20 million.”

However, on October 6, 201, the Defendant, who was the former operator of the above “G, was terminated the said store’s sub-lease contract on the grounds that the deposit was unpaid, and was removed from the said “G,” and thus, even if the Defendant received the check payment from the victim, he did not have the intent or ability to use the said “G” for the business of the said “G,” and was thought to use the said “D” for the purchase cost of the check land operated by the Defendant.

As above, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim on October 7, 201, KRW 20 million on October 1, 201, KRW 25 million on the same day, KRW 25 million on the same day, and KRW 25 million on October 16, 201, and KRW 90 million on October 16, 201 from the KBF bank account (J) in the name of the Defendant’s father’s father.

2. On November 15, 201, the Defendant violated the Punishment of Violence, etc. Act (collective intimidation) expressed the attitude that the Defendant would pose a threat to the body of the victim, such as the Defendant’s knife the knife and knife the knife, which is a deadly weapon for slaughter, which is a deadly weapon, in the victim’s place of business, on the grounds that the victim’s deposit is followed by the details of “G” customers. The Defendant threatened the victim with the knife of the knife, “the knife,” and the knife of the knife, “the knife knife.,”

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant;