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(영문) 대구지방법원 안동지원 2013.06.04 2012고단1384
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On October 10, 201, the Defendant, by deceptioning the part of the rental deposit, drafted a lease agreement for two-year lease period with the victim, which would normally be KRW 300,000,000,000,000,000,000,000,000,000,000,000,000 won.

However, in fact, since the monthly gas sales volume of the above G filling station was calculated more than 1.7 times, the monthly profit that the victim could obtain through the operation of the filling station was less than 6 million won. At the time, the defendant was paying interest equivalent to 4.2 billion won per month because he was liable for a debt equivalent to 1.5 billion won without any income due to the low sales volume of the D filling station, and when he received the deposit from the victim, he did not have the intent or ability to return the deposit received from the victim even after the expiration of the lease term.

As such, the Defendant received 300 million won on the same day as the lease deposit from the victim who believed that the Defendant would be able to receive the deposit normally at the time of termination of the lease contract by deceiving the victim.

2. On July 31, 201, to January 31, 2012, the Defendant: (a) viewed the victim H, who is a transportation agent of LPG gas, to pay the normal cost of gas transport at the above DPG gas station; and (b) requested the victim to transport the LPG gas.

However, the defendant did not have the intention or ability to pay the transport cost even if the transport is requested to the victim for the same reason as the preceding paragraph.

The Defendant had the victim carry out gas transport equivalent to KRW 70,368,925 during the above period, but only KRW 26,80,000.

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