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(영문) 전주지방법원 군산지원 2015.07.08 2014고단1434
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 201, 201, the criminal defendant against the victim C told the victim C to the effect that “F critical points are operated on the second floor of the E building located in Gunsan City at present in Gunsan City, and the said essential point is to enable the victim C to operate a four-way operation from November 2012 when the contract expires at the end of October 2012.”

However, at the time of fact, the defendant

Inasmuch as the State did not pay approximately KRW 70 million for alcoholic beverages at the main place and had expressed an intent to use the money received from the victim to repay the Defendant’s obligation, even if the victim received money as a security deposit, the victim is required to do so.

There was no intention or ability to operate the main points.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim, to the account in the former bank account in the name of G on November 8, 201, KRW 10 million on November 10, 201, and KRW 30 million on January 21, 201, and KRW 70 million on the said account.

2. Around March 2012, the Defendant made a false statement to the victim H stating that “In the Gunsan City, the Defendant purchased the E-building located in Gunsan City D, and would give him the right to operate the I-place store on the first floor of the said building. On the other hand, the lessee who currently operates I-place store changes the deposit deposit amount of KRW 30 million.”

However, in fact, the Defendant, at the time, was liable to pay approximately KRW 380 million and the amount of taxes in arrears was at least KRW 200 million and the amount of taxes in arrears was at least KRW 200,000,000,000,000 as collateral for the above building, and the Defendant was willing to use the interest on the above debt in repayment of the Defendant’s debt. Therefore, even if the Defendant received money from the victim as collateral money, the Defendant

There was no intention or ability to exercise the right of operation of the main office.

After all, the defendant deceivings the victim as such, and is deceiving it from the victim.

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