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Reasons
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(영문) 서울동부지방법원 2014.07.23 2014고단410
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On December 24, 2010, the Defendant made a false statement that “The Defendant would enter into a contract with the victim in the window dressing house operated by the victim D in Gwangjin-gu Seoul Special Metropolitan City via six stores with FF f f f d d e in Jeonnam-gun E. In the first place, the Defendant would rent the f f d d d d d d d d d e in the money and later sublet one store out of six stores.”

However, even if the Defendant entered into a lease agreement with G and food stores, the Defendant did not have any intent or ability to sublease the remainder to the victim, even if he did not receive the deposit from the victim, even if he did not have any capacity to pay the remainder until the payment date of the balance.

The Defendant was transferred from the victim the sum of KRW 9.7 million on January 31, 201 to the national bank account under the name of the Defendant, KRW 35 million on February 15, 201, KRW 100,000 on February 20, 2011, KRW 500,000 on February 26, 201, and KRW 19 million on March 14, 201.

2. On March 28, 2011, the Defendant made a false statement that “The remainder of the rental deposit is insufficient, and there is a difference between the two.”

However, even if the Defendant borrowed money from the victim for the foregoing reasons, the Defendant did not have any intent or ability to repay it.

The Defendant received KRW 3 million on March 28, 201 from the victim’s national bank account in the name of the Defendant, KRW 200,000,000 on April 26, 2011, and KRW 15,000 on April 29, 201, and received KRW 19,180,000 on October 8, 201 from the Defendant’s agricultural bank account in the name of the Defendant, and received KRW 9,180,00 in total from the Defendant’s agricultural bank account in the name of the Defendant, as a loan.

Accordingly, the defendant was given a total of 5,180,000 won by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Prosecutions against the Defendant.

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