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(영문) 인천지방법원 2018.08.24 2017노4169
사기
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Reasons for appeal;

A. Fact-misunderstanding F bears the operating funds necessary for the operation of H driving school, and the Defendant was in excess of the monthly salary president, and the Defendant would immediately pay the deposits of H driving school when the Defendant received the deposits of D driving school lease from F.

Since there was no deception, the defendant did not have acquired the security deposit for the lease of HA.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of April, the suspension of execution of one year, and the community service of 80 hours) is too unreasonable.

2. The Defendant, as indicated in the facts charged in the instant case, proposed that “E” was a person who was engaged in the business of “E” in Gangnam-gu Seoul, as in Seoul, and that “A victim F was aware of the victim F, who was a woman-friendly female of “E”, invested KRW 50 million in C as the expenses for establishing a private teaching institute, and that “C, who was divided into the said private teaching institute, established and operated a new private teaching institute in G, reduced the scale and transferred the private teaching institute to a new place, thereby raising profits by operating each private teaching institute, and KRW 50 million out of the profits of the newly established private teaching institute, shall be paid 50 million to the victim as the profits of the newly established private teaching institute.”

Accordingly, in order to move a private teaching institute to the H station located in Dongjak-gu Seoul Metropolitan Government, the Defendant concluded a lease agreement on condition of KRW 20,000,000,000 as the lease deposit for the same lease deposit, and requested the lessor to pay the lease deposit first before the date of occupancy while the lessor was performing the interior construction, and on November 29, 2014, the Defendant requested the victim to pay the lease deposit first from the office of the fourth floor of the Seoul Metropolitan Government I building by telephone.

section 3.

If a person lends money to another person, he/she will receive and change the deposit money for the lease of D Driving Schools.

“A false statement was made to the effect that it was “.”

However, at the time, the defendant is only KRW 4 million out of the lease deposit amount of D Driving Schools 20 million.

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