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(영문) 창원지방법원 2012.11.23 2012고단1839
사기
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who has been in charge of sales affairs as an employee of E, a Masan-si, Masan-si, Masan-si.

On August 17, 2010, the Defendant reported the instant D sales advertisement at the coffee hotel of the first floor in the Changwon-si, Changwon-si, Masan-si, and the victim F, who found the said D sales advertisement, made a false statement to the effect that “The Defendant would give priority to selling 20 million won under the name of the provisional contract D A-dong 108 and 109 of the Changwon-si, Changwon-si, Changwon-si, and that he will not attract the same type of business in the commercial building.”

However, the above D had not been applied for the construction deliberation, and it was unclear whether it is possible to give priority to the victim, and there was no clear consultation about giving priority to the victim E and G corporation's sale. In the sales agency contract concluded between E and G corporation, E and E were able to carry out the business of supporting loans, such as preparation of a plan for public relations advertisement for sale, utilization of advertising material, inducement of subscription for sale, conclusion of principal contract, establishment of a plan for lending late payment balance to the seller, etc., and it was not possible to arbitrarily determine the type of business of the buyer and to prevent the same type of business from being kept or to guarantee the sale of tobacco, etc. so even if the above money was received from the victim, the defendant did not have any intent or ability to sell the above D stores first to sell them and sell commodities such as tobacco, etc. to the victim and to keep the same type of business from being kept.

As such, the Defendant, by deceiving the victim, received money of KRW 20 million from the victim as a provisional contract deposit and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement F, H. of the suspect interrogation protocol against the accused.

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