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(영문) 부산지방법원 동부지원 2017.12.14 2017고단757
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[Presumption of Facts] Defendant B and Defendant A are mother and child.

Defendant

A entered into an underwriting agreement with the victim F under the name of that student with respect to the “H” restaurant located in Ulsandong-gu, Ulsan-gu, Ulsan-gu, Seoul-do, where the victim F was in operation by the victim F at around December 20, 2014, A agreed that the premium of KRW 35 million shall be paid to the victim until January 3, 2015, and the amount of KRW 50 million shall be paid to the lessor, and at the time, the victim at the time “B has an apartment complex exceeding 50 square meters inside Busan-gu, Busan-do.”

The apartment can be paid for the premium and the lease deposit even if it is sold, and the victim believed the ability of the defendant to pay for it.

Defendant

A maintained the contract by stating that “The victim would pay the money by selling the apartment immediately,” even though A did not pay the premium and the deposit for lease by the agreed date.”

[Criminal facts]

1. Defendant A

A. On January 17, 2015, the Defendant made a false statement to the said victim that “I will sell and complete the apartment house between the front and the front day of the payment on behalf of the restaurant monthly rent,” at a coffee shop between Ulsan-gu and Ulsan-gu, Ulsan-gu, Seoul, that the said victim would sell and sell it.”

However, there was no real estate owned by the Defendant, as well as there was no other property, and there was no other property, and there was no intention or ability to complete payment even if the Defendant made payment on behalf of the victim because the Defendant did not borrow money from another person, even though the Defendant was planning to lend money from the injured party, but did not borrow money from another person.

The defendant deceivings the victim as above and caused the victim to transfer 5.3 million won to the account under the name of the J on January 17, 2015 to the above restaurant lessor's account in the name of the defendant, etc. from that time to December 2, 2015, by the same method as in the attached Table 1, from that time, until December 2 of the same year.

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