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(영문) 수원지방법원 평택지원 2020.05.15 2019고단1437
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

From around 2005, the Defendant is a person who has engaged in marina-related business, such as receiving deposits from those who intend to operate a fryp, etc. from others under the name of “mate consulting”, and introducing them to marina operators.

Although the Defendant did not raise funds to operate Marts in a normal manner, the Defendant did so to those who want to rent and operate franchis, fishery products coaches, etc., as if Mart would normally be opened, and did not receive money as a security deposit and used it.

1. Around August 20, 2014, the Defendant was charged with deception by specifying the date of the initial prosecutor’s act of deception as “as of September 2, 2014.” However, it is reasonable to specify the date of the act of deception as above in the ex post facto relationship with the act of disposal. As such, it is reasonable to recognize the criminal facts ex officio change to the extent that it does not interfere with the Defendant’s right of defense.

At the office of "B Mt in the vicinity of the Daesung-gu CWD Station," the victim E, who seeks to rent Macop, “in Korea is scheduled to take over and operate B Mt, and will open the Mt within the lock. If we want to lease Macop in Korea, they would enter into a lease contract with B, and then change the amount of KRW 20 million as a security deposit. The articles to be sold in the Mt may also be sold in the Mt and the preparation for the operation of Mt will not be known.”

However, in fact, the defendant was unable to pay the Frane shop deposit to the Fail Bank Co., Ltd. with the Fail Bank's deposit amounting to KRW 200 million and monthly rent of KRW 10 million, which is the building owner.

In addition, the Mat at the time did not put the goods at all, and the defendant is a bad credit holder, and the defendant cannot prepare expenses for storage of the goods due to the lack of specific property.

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