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(영문) 서울북부지방법원 2015.10.16 2015고단2090
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person who actually operated the company B that performs the sales agency business of commercial buildings.

In fact, although the above corporation B is not a sales agency of the "C commercial building", the defendant introduced the defendant as the director of the sales agency of the above C commercial building, who intends to rent the above corporation as a temporary position to attract the tenant in the mail box, which is engaged in the sales agency of the above commercial building, to the tenant who intends to rent it in the above commercial building, and received the money under the name of the contract deposit, etc., and attempted to acquire it by fraud.

Around August 2, 2014, the Defendant, at the Seoul Dongdaemun-gu Seoul Metropolitan Government Commercial Facility Sale Office, told the victim D to operate the c shopping mall store (102 and 103). The Defendant: (a) prepared an application form and made payment to the effect that “The rent shall be adjusted by communicating with the headquarters of the Yaria to run the c shopping mall; and (b) leased the store normally with the owner of the building.” (c) The Defendant would refund the subscription price within three days if the contract is not made.

However, the Defendant did not have formulated a detailed plan for the contract for the operation of a franchise store from the beginning, and there was no intention or ability to allow the victim to operate the franchise store because it did not have any prior consultation with the party on the part of the headquarters or the owner of the building of the building, and there was no intention or ability to return the subscription money to the victim even if the contract was not sexually formed.

Nevertheless, the Defendant, by deceiving the victims as above, received 5 million won from the foreign exchange bank account (E) in the name of a stock company B for the same day from the victims, and 5 million won from the same account on or around the 3th of the same month, respectively, and 5 million won from the 4th of the same month.

Accordingly, the defendant deceivings the victim and belongs to it.

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