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Reasons
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(영문) 인천지방법원 2013.07.04 2013고단1427
사기
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A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 201, the Defendant made a false statement to the victim E, “In order to operate F, already paid KRW 100 million to the owner of the building, and paid KRW 120,000,000,000,000 a rent for one year, in advance, to the owner of the building,” the Defendant would start the business around April 201, and the construction cost is the mother cost, and if the Defendant invested KRW 300,000,000,000,000,000,000,000 won.”

However, on July 201, the Defendant leased “F” buildings located in the Nam-gu Incheon Metropolitan City H from G with a deposit of KRW 100 million, the rent of KRW 10 million, the rent of KRW 10 million, and the period of five years, and the deposit of KRW 90,000,000,000,000,000, which was paid in advance to G by the former lessee of the building, was decided to be against G on behalf of G, and the remainder was paid to G to take over the obligation of KRW 40,000,000,000,000,000,000,000,000, and there was no time for the Defendant to move into the building, and there was no need for the Defendant to take account of disputes, such as filing a lawsuit against the former lessee of the building, and there was no ability to demand the payment from the victim even if it had been operated as a considerable amount of 300,000,00 won.

On December 7, 2011, the Defendant, by deceiving the victim, issued a cashier’s check of KRW 25 million under the pretext of investment from the victim, and acquired a total of KRW 10 million under the same name on December 16, 201, KRW 25 million under the same name on December 27, 201, KRW 30 million under the same name on December 27, 201, and KRW 30 million under the same name on January 5, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Copies of each bankbook, copies of cashier's checks, and ..

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