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(영문) 대전지방법원 2018.10.12 2017고단3012

사기등

Text

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

Reasons

Punishment of the crime

1. Around the beginning of August 2015, the Defendant: “Around August 2015, the Defendant sold a total of KRW 2,000 per day on the part of the Titrate Center C, with a large amount of cash sales, and profits out of KRW 2,00-3,00 per month on which personnel expenses are less than D are less than D.

It is the way to take over the above C point's Nitice Center.

“Around August 15, 2015, the Plaintiff entered into a contract for the transfer or acquisition of the nit center C with the victim in Seo-gu, Daejeon: (a) around August 22, 2015, KRW 80 million from the victim on or around August 22, 2015; (b) around August 25, 2015; (c) KRW 30 million on or around September 15, 2015; and (d) received KRW 90 million on or around September 30, 2015.

However, the above Nice Center C was in a situation in which sales of a million won per day or 2,000 to 300 million won per month was made due to the fact that the above Nice Center C was opened for the above day, and the Defendant was notified to the victim by ordering F and G, etc. to make a false sales account book by withdrawing sales more than the actual sales and ordering them to make a false sales account book. Therefore, even if the Defendant transferred the above points to the victim, he did not have any intent or ability to make the victim gain profits from the content explained.

Accordingly, the defendant deceivings the victim and received KRW 300 million from the victim and acquired it by fraud.

2. On November 2, 2015, the Defendant: (a) at the Seo-gu Daejeon, Seo-gu, Daejeon E and the third floor, the execution officer I of the Daejeon District Court delegated the execution of the J, the creditor, and (b) at the Daejeon District Court 2015KaMo 4473, the Daejeon District Court 2015KaMo 4473, and (c) at the same time concealed the above notification by adding A4 paper to the notice attached on the front side of the book.