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(영문) 대구지방법원 2015.01.22 2014고단4681
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 11, 2014, the Defendant: (a) on February 11, 2014, the Daegu-gu Seoul Building B 301 Dr. 301, or the owner of a building, was authorized to enter into a lease contract with the lessee. However, even if he/she received the deposit from the lessee, he/she was willing to use the deposit as an individual’s living cost and business fund, etc.; (b) there was no intention or ability to deliver it to the lessor to the lessee to allow the lessee to use the leased object normally; and (c) the deposit received from the actual lessee was consumed for the purpose of business fund, etc.

On February 1, 2014, the Defendant made a false statement to the victim F, “The victim F, from March 10, 2014 to April 2014, at the H Office, the Defendant operated by the Defendant, Daegu-gu Gtel 819, Seogu, Daegu-gu, Gtel 819, the victim F, “The victim F, from March 10, 2014 to KRW 20 million, which would allow the victim

However, even if the Defendant received the deposit from the victim, the Defendant did not have the intent to deliver the deposit to the lessor, so there was no intention or ability to allow the lessor to use the leased object normally.

As above, the Defendant, by deceiving the victim as above, was remitted from the victim to the new bank account in the name of the Defendant, KRW 10 million around February 13, 2014 and KRW 10 million on February 20 of the same month.

B. On February 18, 2014, the Defendant made a false statement that “The Victim I would allow the Victim I to operate a store at Drackna on February 18, 2014. It changed to KRW 30 million with a security deposit.”

However, even if the Defendant received the deposit from the victim, the Defendant did not have the intent to deliver the deposit to the lessor, so there was no intention or ability to allow the lessor to use the leased object normally.

The Defendant deceivings the victim as above.

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