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(영문) 서울동부지방법원 2016.04.05 2015고정1689
사기
Text

The defendant shall be innocent.

Reasons

1. Around July 2013, the Defendant had the same attitude of paying the victim E expenses in the early 2.50,000 won each month from the D Public Notice Board located in Songpa-gu Seoul, Songpa-gu, Seoul. However, the Defendant did not have the intent or ability to pay the costs of the Public Notice Board to the victim.

Accordingly, even though the Defendant deceiving the victim as above and let the victim use the above notification source from July 2013 to October 10, 2013, the Defendant did not pay the victim a total of KRW 950,000 won of the notification source for the above period, thereby acquiring property benefits equivalent to the above amount.

2. Determination

A. According to each of the evidence of this case submitted by the prosecutor of the facts of recognition and the defendant, the following facts are recognized.

(1) On July 7, 2010, the Defendant entered into a contract on the D Public Notice Board with D Public Notice Board located in Songpa-gu Seoul (hereinafter “Public Notice Board”) with D Public Notice Board (hereinafter “Public Notice Board”) for KRW 2.50,000,00,000,000, and the advance notice board 114, and resided in the said room from that time.

(2) On July 26, 2013, the Defendant deposited KRW 50,000 out of KRW 250,000 into E’s account and did not pay the remainder of the subscription fees.

(3) From June 2013 to July 2013, the Defendant stated to the effect that “the Defendant did not reside in the Gosiwon at any time,” and “E made a statement to the effect that “the Defendant was aware of the date on which he paid the Defendant’s entrance fee” was left without returning the Defendant’s belongings to the Gosiwon, and even E’s demand that “I will continue to reside by paying a sealed input fee as it would offer money.”

(4) Nevertheless, the Defendant did not pay the continuous admission fee and did not return to the KOB, and E remains in the room on the basis of the contract for entry to the Defendant.

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