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Reasons
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(영문) 대구지방법원 서부지원 2019.02.13 2018고단497
사기
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A defendant shall be punished by imprisonment for six 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

The Defendant, from around 2007 to April 2017, operated a restaurant in a building leased from the 1st floor of the Daegu-gu Incheon Metropolitan City B from around 2007 to the end of 2017, and was unable to make profits due to the normal operation of the restaurant and to pay monthly wages to the employees, he was willing to sublease the leased building of the victim D and acquired money.

At the above restaurant around April 29, 2017, the Defendant made a false statement to the victim, stating, “When the Defendant pays 15 million won and monthly rent to KRW 1,5 million, he/she will allow the owner to operate the sub-lease during the contract period from the owner of the house, he/she will operate the sub-lease.” The Defendant would make it possible for the owner to pay 15 million won and KRW 1,000,000,000,000 won and KRW 1,000,000,000 won.”

However, at the time, the Defendant had already failed to pay the monthly rent of the above restaurant, which was all offseted by all, and even if monthly rent was not paid, the amount of KRW 12 million was not paid for six months, and as such, the Defendant had an intention to receive money from the victim because it was an intention to pay living expenses or overdue monthly rent due to not good financial standing, so the Defendant had no intention or ability to allow the victim to sublet the above building from C and operate the restaurant.

The Defendant, under the name of the sub-lease deposit, remitted the total amount of KRW 10 million from the victim on May 4, 2017 and KRW 10 million on May 13, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Partial statement of the suspect interrogation protocol of the second police officer against the defendant (including D substitute part);

1. D. D.

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