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(영문) 대구지방법원 2012.11.30 2012고단3583

사기등

Text

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

Reasons

Punishment of the crime

On November 2009, the Defendant made a false statement that “The Defendant would establish a right to lease on a deposit basis immediately after paying the money for lease on a deposit basis to G, if he/she paid the money for lease on a deposit basis to the victim of the E-cafeteria operated by the victim D, which was located in Seocho-si, Seocho-si, Seoul, and would be a person having a right to lease on a deposit basis.”

However, even if the defendant is paid the deposit money from the victim, he did not have the intention or ability to establish the right of lease on a deposit basis.

Around November 10, 2009, the Defendant received property from the victim by deceiving the victim by means of remitting the sum of KRW 500,000,000 to the Agricultural Cooperative Account (H) in the name of the Defendant, KRW 1 million to the said account on or around the 13th of the same month, KRW 20,000,000 to the said account on or around the 20th of the same month, KRW 3.5 million to the said account on or around December 4 of the same year, and KRW 5,00,000 to the said account on or around December 10 of the same year.

"2012 Highest 6471"

1. On March 2010, the Defendant concluded that “When he/she lends 50 million won from the money used by NA while conducting an auction, he/she shall repay the principal in full after two months, and the interest shall be paid KRW 20 million as compensation for losses.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

On March 9, 2010, the Defendant received property from the victim by receiving or deceiving the victim by being delivered KRW 76 million in total six times from March 17, 201 in the same manner as indicated in the attached crime list from around March 17, 201.

2. On October 2010, the Defendant forged private documents amounting to 300,000,000 won for lessee L, security deposit, monthly rent, using a computer in the office of licensed real estate agents in Busan Metropolitan City using a computer.