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(영문) 서울서부지방법원 2013.08.14 2013고단370
사기
Text

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

Reasons

1. Facts charged;

A. On December 201, 201, the Defendant acquired 50 million won through deception, the Defendant made a false statement to the victim E, who wanted to operate a coffee shop with (a) the first floor of D shopping mall 76 through 98, and (b) 104 through 107 in which the trade name in Gangnam-gu Seoul is unknown; (c) from the (ju)C operated by the Defendant, he made the victim E to sell the “IB” agency on the first floor of D shopping mall; and (d) it is necessary to install the facility cost related to the sales of the store; and (e) 20,000 million won is lent to the first floor; and (e) if the BB store is located on the first floor, it would not be better to do so.”

However, the fact was that at the time, the salesroom occupants of the DNA shopping mall was influenced due to the disturbance of the management body, and even if the defendant borrowed money from the victim, he was thought to use it as the principal repayment and operating fund.

The Defendant, by deceiving the victim as such, received KRW 50 million from the victim’s account under the name of the C on December 15, 201.

B. On January 17, 2012, the Defendant acquired 10 million won by fraud, saying, from the office of the (ju) office located on the fiveth floor of the D shopping mall located in Yeongdeungpo-gu Seoul Metropolitan Government F, that “All about about ten million won would be resolved by all about all about the case. It is close that only 10 million won would be loaned.” If the Defendant borrowed 10 million won by telephone to the victim E, the Defendant would be able to repay all the money borrowed as above and make a false representation as if the Defendant would be able to normally sell the coffee shop of the victim.

However, in fact, the defendant's personal liabilities reach approximately KRW 20 million, and the (ju)C's liabilities reach approximately KRW 1.60 million, but the (ju)C's liabilities were not operated normally due to the dispute with the D shopping mall management body, and even if the (ju)C borrowed money from the victim due to the dispute with the D shopping mall management body, it was not able to repay the money to the victim immediately, and it was not able to directly sell the coffee shop to the victim.

The defendant deceivings the victim as such, and is subject to leakage or G on the same day from the victim.

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