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(영문) 서울중앙지방법원 2014.09.25 2014고단2107

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant.

1. Part E of the victim

A. On June 2012, the Defendant, at the “G” restaurant located in Gangnam-gu Seoul Special Metropolitan City, which was located in the “G” restaurant in Gangnam-gu Seoul Special Metropolitan City, concluded that “G deposit is KRW 120 million, and if the Defendant bears KRW 60 million among them, the name of the lessee would be deposited in the name of the tenant, and the profits would also be distributed if the profits occur. The Defendant deposited the amount of KRW 10 million at the present time and set up a provisional contract.” The Defendant concluded that “G deposit is promptly deposited even KRW 10 million in the case of capital to share.”

However, the above amount of deposit was only KRW 80 million, and at the time, the defendant extended the above amount of KRW 50 million to a lessor from another person, such as H, and delivered the above amount of deposit to the lessor and completed the lease contract with the lessee, even if the defendant was paid money from the victim, there was no idea that he would use it as a security deposit or jointly change the name of the lessee with the victim. In addition, the above amount of profit did not have any intention or ability to distribute the profit to the victim.

Nevertheless, as seen above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim as a security deposit on June 7, 2012 from the victim, from that time until July 28, 2012, and received KRW 60,000,000 from that time, as shown in attached Table 1, as well as from July 28, 2012.

B. Around July 2, 2012, the Defendant made a false statement to the victim of the above “G” restaurant stating that “I would pay alcoholic beverages to the victim, but will pay it from the sales of the next month on behalf of the victim.”

However, as above, the Defendant received and arbitrarily used the sales of credit cards, which are most of the profits, from the Defendant as the personal passbook.