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(영문) 대전지방법원 2016.06.29 2014고단3908
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Of the facts charged in the instant case, the fraud on October 12, 2012, and fabrication of each private document.

Reasons

Punishment of the crime

The defendant is well known of the "D" in Daejeon Jung-gu, Daejeon, and the victim E is a new inspection.

1. The Defendant, on August 201, 201, is expected to leave the funds to the bond business operator located in Seoul if he/she lends money to the victim at his/her portrait.

“A false statement was made to the effect that it was “.”

However, in fact, the defendant thought that he borrowed money from the damaged party to use it for the repayment of the defendant's obligation, and he did not have any intention or ability to leave it to another person.

Nevertheless, on August 11, 201, the Defendant, by deceiving the victim, received KRW 200 million from the victim as the borrowed money.

2. On October 2012, the Defendant, with the knowledge that the business of “F cafeteria” operated by the Defendant was not well-grounded and that it would be operated after being registered in the name of “G” as a non-profit corporation established by himself/herself, with the knowledge that the Defendant would not sell it.

was made.

Accordingly, the victim transferred the above restaurant operation right to the defendant on the condition that he receives KRW 3.5 million every month under the name of interest and profit on the above loan money, and the defendant registered the above restaurant in the name of "H" on October 11, 2012.

A. On March 12, 2013, the Defendant: (a) transferred the said restaurant to J; and (b) received KRW 23 million from J for the victim’s premium; and (c) embezzled the said restaurant for personal use without returning it to the victim around that time.

B. On March 19, 2013, the Defendant, at the above restaurant, received the lease deposit of KRW 30 million from K, the lessor of the said restaurant, and embezzled the leased deposit for the victim. Around that time, the Defendant used the leased deposit to consume it for personal use without returning it to the victim.

Summary of Evidence

1. Entry of each witness E in the second and sixth public trial records;

1. Entry of E in the protocol of interrogation of the suspect against the defendant in the prosecution;

1. Statement of E in the police statement; and

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