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(영문) 서울동부지방법원 2017.12.07 2017고단3067
사기
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 20, 2015, the Defendant requires funds to obtain the right to vicariously sell apartment and commercial buildings to be constructed on the land owned by the Guri-si D door in the Guri-si C from the mutual unsound coffee shop in Seoul Songpa-gu Seoul around April 20, 2015 to the victim B.

The principal shall be repaid until September 20, 2015 by lending KRW 50 million to the sales agency business.

In addition, if the business is not well-grounded, one hundred million won of the house's security deposit will be deducted and repaid.

“Falsely false.”

However, even if the Defendant received money from the injured party, the Defendant did not intend to use the entire money for the purpose of obtaining the right to operate the sales agency business. The Defendant’s lease deposit amounting to KRW 80,000,000,000,000, out of 71250,000, out of that, did not have the intent or ability to pay to the injured party within the agreed time limit upon

The defendant deceivings the victim as above and acquired 50 million won through the Cit Bank account (Account Number: E) in the name of the defendant from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report ( telephone conversations with witnesses);

1. Application of Acts and subordinate statutes governing a certificate of custody, promissory note, seizure and collection order, and lease contract;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall apply to cases where an injured party is not punished by a defendant

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