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(영문) 서울남부지방법원 2017.05.10 2016고단6077
사기
Text

The defendant shall be innocent.

Reasons

1. On April 19, 2016, the Defendant would allow the victim D to engage in a three-dimensional business at the mutual infinite coffee specialty store in Guro-gu Seoul Metropolitan Government, and “Infinite infinite E-type apartment factory building parking lots in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the Defendant was talking at the management office side of the management office, so that the Defendant would be able to engage in a three-dimensional business at that place, if the Defendant had talked about KRW 16.5 million as premium.

“A false statement” was made.

However, in fact, if the defendant did not have the right to lawfully rent in the above E building and the damaged person did not pay the money to the defendant and do so at the management office side of the Do management office, the victim did not have any intention or ability to sell the three business rights to the victim, such as that the victim should have to do so.

The defendant in this year is 200,000 won under the name of the premium for the detailed business of the same day from the damaged person, and the same year.

5. 11. As the same name, 14.5 million won was remitted to the Defendant’s account in the name of the Defendant.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to KRW 16.5 million.

2. Determination

A. The key issue of the instant case is whether the Defendant, who could oppose the victim to a third party, was deceiving the third party to transfer the third party’s right as a legal right.

B. The Defendant is not a legal right that, consistently from an investigative agency to this court, “the three Deputy Business is performed under the implied consent of the management office.”

However, the management office is prohibited from transferring the right of business by giving money to the Deputy Director.

Even when transferring the right to the third party's business to the victim, he/she should be asked about the third party's business, and he/she should be employed by the third party.

The Vice Minister of Strategy and Finance acquired the right of business;

shall not be required.

The remaining days will be dealt with at home.

The notice was given that the notice was given, such as the notice.

person who has suffered damage.

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