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(영문) 광주지방법원 2014.12.18 2014고정1647
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 17, 2009, the Defendant stated that, at the first floor office of the “D” hotel in Gwangju-dong-gu, Gwangju-gu, the Defendant would allow the victim E to provide credit services in the “n’s house” as if the Defendant was the chairperson of the said hotel, and would allow the Defendant to provide credit services in the “n’s house,” as the said hotel remodeling work is completed, if the Defendant took place as if the said hotel was the chairperson of the said hotel.

However, the defendant was not the owner or operator of the above hotel, and only he was responsible for remodeling construction, so there was no authority to independently conclude a leasing contract with the above victim, and even if he received money in the name of the deposit from the above victim, there was no intention or ability to make the victim enter into a normal leasing contract by delivering it to the owner or operator of the above hotel.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1 million on the same day from the victim, and KRW 4 million on the 18th and 24th of the same month respectively, and KRW 8 million on the 3 million, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of E;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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