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(영문) 서울중앙지방법원 2017.06.22 2017고단677
사기등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the Defendant, from June 1, 2013 to December 6, 2014, who operated the carpet (hereinafter “instant carpet”) with the trade name “E” on the first floor of the Gangnam-gu Seoul building D, Gangnam-gu, Seoul.

A. On May 2, 2013, the Defendant planned to rent and operate the instant car page from the Victim F and G Co., Ltd., the Defendant agreed to invest in full KRW 120,000,000 and premium of KRW 215,000 and premium of KRW 215,00,000,000, and the Defendant only participated in the instant car page operation and pay KRW 6,00,000 per month to the victim as the price for the right to profit or to operate the instant car page (hereinafter “instant agreement”). On February 21, 2014, the Defendant made a false statement to the effect that “The amount of the lease deposit of the E in operation was increased by KRW 40,00,000,” to the victim on the first car page of the building where the office of the said victim located in Seongdong-gu Seoul Metropolitan Government H around February 21, 2014.

However, at the time, the Defendant did not have agreed in advance to raise the 40,000,000 won of the lease deposit with the lessor at the time of the instant car page, and even if the Defendant received the money from the victims due to a large amount of operating expenses such as overdue rent, the Defendant did not have the intent to use the said money as the deposit for the lease deposit.

Nevertheless, the Defendant received 40,000,000 won under the name of the deposit money for lease raised by the car page of this case from the injured party on the same day, as the national bank account in the name of the Defendant.

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

B. Around February 2014, the Defendant altered a private document: (a) at the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government International Building 207; (b) at the Defendant’s house located in the Gangnam-gu Seoul Metropolitan Government building 207; and (c) at the mark and the lessor’s column with the official seal of the representative director of G Co., Ltd. affixed thereon; and (d) the lease period

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