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(영문) 전주지방법원 정읍지원 2014.08.21 2014고정163
사기
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who has received and operated the "Dcafeteria" in the "C market" in Busan Shipping Daegu, under the name of "D cafeteria" in the name of "D cafeteria".

On December 20, 2006, the Defendant drafted a real estate sales contract with the victim F to receive the premium equivalent to KRW 30,000,000 in total amount of KRW 30,000,000 under the pretext of intermediate payment on January 17, 2007, and KRW 30,000 under the pretext of intermediate payment on February 22, 2007, and deliver the said D restaurant with the victim.

However, in fact, if the defendant was aware that the above contract was unpaid to the management office at the time of July 2006, the fixed amount of KRW 4,612,070, the fixed amount of KRW 4,476,140 for October in the same year, and the fixed amount of KRW 3,498,540 for December in the same year, and the fixed amount of KRW 95,710 for August in the same year, and KRW 98,440 for 598,440 for November in the same year, and KRW 804,960 for the total amount of electricity usage fees of KRW 14,945,860 for December in the same year, although he was obligated to notify in advance to the victim, he did not have any intention or ability to pay the unpaid amount from the beginning.

Nevertheless, the Defendant, by deceiving the victim as such, received the premium of 40 million won from the victim, and transferred the above D cafeteria, thereby acquiring the amount corresponding to the said amount.

B. On January 29, 2007, the Defendant made a false statement to the effect that “The Defendant would have repaid the borrowed marriage expenses within one year if he/she borrowed money from the Chinese woman who was married with “H” in Busan-gun G, Busan-gun, and that “The Defendant would have repaid the borrowed marriage expenses” to the victim.

However, due to the fact that the Defendant was unable to pay the amount equivalent to KRW 10 million at the time, the Defendant did not have any intent or ability to pay the amount even if he/she borrowed money from the victim as referred to in the preceding paragraph.

Nevertheless, the defendant deceivings the victim as such and acquired 5 million won from the victim in the name of the borrowed money from the seat.

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