(영문) 부산지방법원 동부지원 2015.08.27 2015고단802

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(영문) 부산지방법원 동부지원 2015.08.27 2015고단802

사기

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A defendant shall be punished by imprisonment for two years.

The defendant shall pay 110,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[2015 Highest802]

1. Around May 27, 2013, the Defendant made a false statement to the victim AO at the construction site of LH apartment located in the Bupyeong-gu, Busan Metropolitan City, stating that “The construction period is about two years, and the period of construction is about two years, and up to the completion of construction. AP grants AP a license to operate the brin restaurant, it has the right to operate the brin restaurant, and 150 million won, which is guaranteed to 100%.”

However, in fact, AP was not in discussion about the transfer contract of the right to operate a brin restaurant with AP which entered into a construction contract at the construction site and the brine restaurant, and it did not prepare the contract. The defendant also did not have any right to operate the brine in the construction site, and even if he did not receive money from the victim due to the lack of any right to operate the brine restaurant, he did not have any intent or ability to grant the right to operate the brine in

The Defendant, by deceiving the victim as such, received KRW 85 million from the victim to the Busan Bank account on the same day, and received KRW 20 million from the company bank account on July 26, 2013. On September 26, 2013, the Defendant received KRW 50 million from the Defendant’s Busan Bank account, and acquired KRW 150 million in total.

2. On July 20, 2013, the Defendant made a false statement to the victim at the site of the new apartment construction project in the city of the Seocheon-gu, Busan Metropolitan City (U.S.), stating, “A.S. 80 households are being newly constructed at any time. A. 155 million won is to be given the right to operate the restaurant on the face of the State.”

However, the defendant did not have any right to operate the restaurant at the time of the construction site, and even if he did not receive money from the victim, he did not have any intention or ability to grant the right to operate the restaurant.

The defendant deceivings the victim as such, and is on the same day from the victim, Busan Bank.

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