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(영문) 창원지방법원 마산지원 2017.04.25 2016고단1124
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Records] On September 29, 2016, the Defendant was sentenced to six months of imprisonment for the charge of forging and accompanying private documents at the Changwon District Court, and the judgment became final and conclusive on October 7, 2016.

[2] On October 24, 2014, the Defendant: (a) invested KRW 120,000,000 in the coffee shop in the Changwon-si, Changwon-si, Changwon-si; (b) on October 24, 2014, to the victim D (hereinafter “Seoul-si, Changwon-si, a member E, and the F golf course on the second floor, operated by the said money; and (c) made it possible for the Defendant to directly operate his/her business from December 1, 2014; and (d) received the money after being transferred to the golf course three years later, and terminated the contract at the middle, but the contract shall be terminated in the middle.

At any time, the said money shall be returned, and the false statement shall be made that the said money will be guaranteed as security for the deposit money for the apartment house residing in the Gu, and the apartment lease contract for an apartment with a deposit of KRW 140 million shall be presented to the victim, and it shall be notarized along with the above written contract.

However, the Defendant had no intent or ability to start the operation of the golf course on the date of promise because he/she was under investigation by an investigative agency due to the suspicion that he/she was found to have committed an excessive amount of KRW 47,000,000 at the time of suspending the operation of the screen golf course, and even if he/she was under investigation by the investigation agency on the charge that he/she was under investigation (in December 30, 2014, who was charged with non-detained and was detained on December 22, 2015) and was willing to use most of the money to pay for the personal debt, so that he/she would not have any intention or ability to pay for the damage to start the operation of the screen golf business. The above apartment lease deposit was also made by the Defendant as the head of his/her mother, and the above apartment lease contract presented by him/her was forged and thus, the damaged person did not have any intent or ability to return the money when he/she wishes to cancel the contract.

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