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(영문) 대전지방법원 천안지원 2019.05.02 2018고단1467
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant was a person who had a position as the head of the B Association in 2009.

Around December 15, 2009, the Defendant entered into a lease agreement with the victim D, the owner of the building located in Asan City, on the condition that “B and the second floor of the building are KRW 20 million,00,000,000,000,000 per month and KRW 1.3 million: Provided, That the security deposit of the ASEAN B Association shall be paid at Asan City, in addition to the above monthly lease agreement, and the security deposit of the ASEAN B Association shall be set up with the ASEAN Association and the ASEAN Association, separate from the above monthly lease agreement, and the victim shall be paid KRW 100,000,000,000,000,000,0000,000,000,000,000,000,000,000 won, excluding KRW 20,000,000,00,000,00.”

However, the defendant did not have any particular property or income at the time, and even if he borrowed money from the victim with an existing obligation of at least KRW 200 million, he did not have any intent or ability to pay the money normally to the victim.

Around December 18, 2009, the Defendant: (a) by deceiving the victim as above; (b) had the victim prepare a monthly rent contract with F, the president of the Association of Asia-si, B; and (c) had the victim transfer KRW 70 million from Asan City to F, the president of the Association of Asia-si, as the deposit money; and (d) had the victim transfer KRW 10 million from F, the said F, as the deposit money; and (b) had the victim receive KRW 80 million from the said F, the sum of the above money under the name of B, as the loan money, around February 23, 2010, the Defendant acquired the pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Partial statement of a witness I;

1. A copy of each police statement made to D or J;

1. Three copies of the real estate lease contract;

1. A copy of bankbook;

1. Transactions in the principal and a specification of transactions;

1. A notice (201 installments 18705 individual rehabilitation), etc.;

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