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(영문) 창원지방법원 통영지원 2017.02.15 2016고단1725
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 2012, the Defendant leased and operated the “Dwa Holdings” located in the Gyeonggi-si, Suwon-si, Gyeonggi-si.

around August 22, 2013, the Defendant: “Around August 22, 2013, the Defendant would have the Victim E borrow KRW 100 million from Dwa Holdings to have the Victim E engage in the business of lending and Meaking.

The loan was made in a false manner until December 31, 2013.

However, around September 17, 2012, the Defendant had a judicial compromise with the owner of the building (ju F), which was the only property, in the event of the arrears of rent of three or more minutes, on three or more occasions. However, on the other hand, the Defendant filed a lawsuit claiming the order of the Defendant’s building based on the above judicial settlement for three or more months, and the Defendant did not know at any time that he would be expelled from the above building, and thus, the Defendant did not have the intent or ability to allow the victim to engage in the drone lending and Meke business. At that time, the Defendant had a financial institution with an obligation to pay KRW 370 million,00,000,000, which is the market price of the apartment complex, which was the only property, to pay the rent of KRW 150,000,000,000,000 to KRW 10,000,000,000,000 to KRW 2,000,00.

Ultimately, without notifying the victim of the above contents, the Defendant 1 received the money of KRW 10 million from the injured party on the same day, and KRW 90 million on August 27, 2013 from the Saemaul Treasury account (Account Number: G) in the name of the Defendant, and acquired the money by transfer.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant;

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