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(영문) 서울남부지방법원 2015.07.08 2014고단3063
사기
Text

The defendant shall be innocent.

Reasons

【Criminal Power】 On July 12, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on September 15, 2012.

【Criminal Facts】

A. On November 2010, the Defendant: (a) at the Defendant’s office located in the Yeongdeungpo-gu Seoul Metropolitan Government Cbuilding 401, on November 1, 2010, the Defendant: (b) held that the victim D lent money to the Defendant for the purpose of having the Plaintiff carry out the sales business, which is a agricultural and fishery products wholesaler in the C Building; (c) if a wholesaler rents, he would have the Plaintiff carry out the sales business, he would repay the money immediately if he lends money.

However, in fact, the Defendant concluded a sales contract with the “E” side or did not enter into a sales contract with the agricultural and fishery products wholesaler, which is the sales owner of the said C building, and thus, the Defendant could not attract the wholesalers in the said building and allow the victim to take the test of the store. In addition, at the time, the Defendant did not have any property and had any intent or ability to pay the borrowed money even if he borrowed money from the victim because he did not have any personal obligation of KRW 85 million.

Around November 12, 2010, the Defendant received 4,000,000 won from the victim to one bank account in the name of F, the Defendant’s punishment, from around November 12, 201, in addition to the remittance of KRW 4,00,000,00, in total from May 31, 201, as shown in the annexed crime list, from around 22 occasions, as shown in the annexed crime list.

Accordingly, the defendant was given property by deceiving the victim.

B. On December 14, 2010, the Defendant made a false statement to the victim D that the Defendant would later take the construction cost when the Defendant would have ordered the victim D to perform the interior works of the Defendant’s office located in the Yeongdeungpo-gu Seoul Metropolitan Government C building 401.

However, since the defendant had no property at the time and only 85 million won of personal debt was high, even if the victim had an intention or ability to reduce the construction cost, even if the victim had an intention to do so, it did not have any intention or ability to reduce the construction cost.

The victim is the victim.

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