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(영문) 인천지방법원 부천지원 2013.06.27 2012고단1619
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At the office of the non-motor vehicle management business chain in Kimpo-si, Kimpo-si, Kimpo-si, 201, the Defendant stated that “The defendant would use the building owner and the contract so that he/she can return 20 million won to E and take over her directly by borrowing 20 million won of the deposit money from E, and the money which he/she should pay to E is difficult to operate. Therefore, it would not be possible to give the lease contract in the name of E. However, it would not be possible to do so once again.

However, even if the Defendant received the above money from the victim, the Defendant attempted to use the money as a monthly rent, management fee, etc., so that the Defendant did not have the intent or ability to have the victim take over the said money as above.

Nevertheless, the Defendant, as seen above, received KRW 3 million from the victim as a down payment at the beginning of November 201, 201, and received KRW 17 million from the national bank account in the name of F on November 4, 201, and received KRW 20 million in total on two occasions under the pretext of acceptance money.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or F;

1. A complaint;

1. The certificate of confirmation, cash storage certificate, the comprehensive passbook for the entrepreneur, and each real estate lease contract; and

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crime;

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