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Reasons
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(영문) 서울중앙지방법원 2013.03.08 2012고단6064
사기
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 2010, the Defendant entered into a contract with E and F for photographing collaborative companies on September 2010, when he/she opened a wedding hall with the trade name of “D,” a leased house located in Gangnam-gu Seoul Metropolitan Government on a deposit basis of KRW 200 million, and received a total of KRW 100 million in the name of the deposit, and appropriated the lease deposit for the said house.

However, the Defendant pretended to independently enter into an exclusive agreement with the aforementioned E/F as to the conclusion of the contract, and furthermore, upon the failure to guarantee the number of photographs and the failure to pay the rents for weddings, the Defendant requested F to terminate the “a photographing affiliate agreement” on February 201, 201 due to the failure to comply with the initial agreement, due to the failure to pay the rents for weddings, etc., the Defendant received money from the victim G for the purpose of using them as the deposit money for the weddings operating expenses.

On March 30, 2011, the Defendant did not yet designate the victim as “D” as “D.” The Defendant made a false statement to the effect that the Defendant would pay 700,000 won per case of photographing for two years during the term of the contract, but if the agreement was not reached 75 cases per year, 20,000 won per case shall be preserved, and the office shall be leased within the wedding hall as a partner’s deposit, and 10,000,000 won shall be paid as a sum of 10,000,000 won under the name of the partner’s deposit.”

As above, the Defendant, by deceiving the victim as above, received 60 million won in total from the victim on March 30, 201, and 40 million won on May 2, 201, under the name of deposit money, from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's protocol of interrogation of the accused (including the G's protocol of statement);

1. The police statement concerning G;

1. Each statement of F, H, I, J, and E;

1. K's certificate;

1.Each.

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