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(영문) 서울서부지방법원 2013.08.30 2013고단866

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 was the representative director of the Co., Ltd. from October 25, 2011 to May 23, 2012.

1. Around December 23, 2011, the Defendant against the victim D told the victim D to the F Real Estate Office located in Gangnam-gu Seoul Metropolitan Government, that “Around December 23, 2011, the Defendant acquired the right to operate the G University shop located in the Gyeonggi-gu Seoul Metropolitan City, and the amount of KRW 50 million exceeds the right to operate the G University shop, and the contract will be automatically extended once a year.”

However, in fact, the LAC does not have the operating right of the above store, and the above store is entrusted with the operation by the GAC from September 1, 2009 to August 31, 2012, and it is not possible for H to transfer the operating right to any third party without permission from GAC, and the victim can continue to operate the store after the expiration of the entrusted operation period, despite the fact that it is impossible for the LAC to receive the successful bid after the entrusted operation period, even though it has the operating right in the KAC, it is possible for HAC to fully transfer the operating right to the victim.

On December 24, 201, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 5 million to a new bank account in the name of the Bank Co., Ltd. in the part payment on the same day; and (c) wired KRW 10 million in total to the new bank account in the name of the Bank Co., Ltd. in the part payment.

2. Fraud against victim I;

A. On March 21, 2012, the Defendant made a false statement that “Around March 21, 2012, the Defendant operates a store in 10 military units, such as fruits, Ulle stations, and Yongsansan, in the Seoul Gangnam-gu J building J. 907, the victim I would give KRW 2 million a monthly profit if investing KRW 100 million.”

However, in fact, the LAC did not hold the right to operate the store or operate the store.

As above, the defendant deceivings the victim and acquired it from the victim with a new bank account in the name of the Co., Ltd. in the same day by transfer of KRW 20 million under the name of investment.