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(영문) 대전지방법원 2019.01.31 2018고단137

사기

Text

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

except that 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, as an actual operator of the Company B, is a person who has overall control over the sales agency business of the Company C.

On June 2, 2015, the Defendant: (a) concluded a sales contract with the victim F to the effect that “A company employees D and E had the victim F be given the exclusive right to operate a pharmacy with respect to C 1st floor H that he/she purchased at the executory company G, thereby guaranteeing the exclusive right to operate a pharmacy; and (b) had the victim enter into a sales contract with G to the effect that “C 1st floor H of the instant 1st floor H, 4.130 square meters of the public use area; (c) 29.476 square meters of the contract area; (d) 73.606 square meters of the contract area; (e) 682,948,50 square meters of the land ownership in total; and (e) on June 13, 2015, the Defendant issued to the victim a letter of promise to sell the land in the name of “A pharmacy in the entire C unit,” which is the exclusive right to operate a pharmacy.”

However, in fact, G Co., Ltd., a real executor, did not guarantee the right of pharmacy monopoly operation for C1st class H.

As above, the Defendant made a false statement to the victim, and caused the victim to do so on June 2, 2015 and the same month.

5. Two times, a sum of KRW 68,298,450 as down payment, and KRW 68,298,450 on July 30, 2015, respectively, transferred to the J account under the name of trust company G G, a stock company, as the first intermediate payment, the sum of KRW 136,596,90 was received from G.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K, L, and F;

1. Each police suspect interrogation protocol of E, D, or M;

1. The police statement concerning F;

1. Full certificates of each registered matter, sales contract, entry and departure transaction agreement, loan transaction agreement, loan agreement, agreement of exclusive sale in lots, lease contract, record book, each recording record, written agreement for cancellation of sales in lots, agreement for cancellation of a contract, default of refund, the defendant and defense counsel shall obtain the consent of K, the representative director of G, which is the actual operator of B, a sales agency.