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(영문) 대전지방법원 2014.12.24 2012고단3484
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On January 18, 2012, around 2012, the Defendant made a false statement to the victim F at the trade name and American coffee shop located behind the e animal hospital located in Seo-gu, Seo-gu, Seo-gu, Seoul on January 18, 2012, stating that “The Defendant shall operate a veterinary hospital in the Dae-gu, Seo-gu, U.S., U.S., and the veterinary hospital shall begin immediately, and the prescribed feed to be given by the veterinary hospital may be stored at the present time. The amount of the prescription purchase price of KRW 20 million shall be changed.”

However, in fact, the defendant did not enter into a building lease contract that operates a veterinary hospital, did not employ a monthly veterinarian, did not fully prepare for the opening of a hospital, such as the situation where the inside of the hospital was fully known, and even if he received money from the victim, he did not intend to purchase the feed to be used at the peting product shop that the defendant operated, and therefore did not have any intention or ability to purchase the prescription feed to be used by the veterinary hospital in the future.

Nevertheless, the Defendant, by deceiving the victim as above, acquired 20 million won from the victim to the new cooperation account in the name of the Defendant, under the name of the victim as the purchase price for the hospital prescription feed.

2. Around January 19, 2012, the defrauded made a false statement to the effect that “In order to operate an animal hospital, the Defendant shall purchase the meine at an auction at the instant coffee store located in the Seo-gu, Seo-gu, Seoul, Seo-gu, Seoul, on January 19, 2012, the Defendant purchased the meine at an auction.”

However, in fact, the defendant did not enter into a building lease contract that operates a veterinary hospital, did not employ a monthly veterinarian, did not prepare for the opening of a hospital at all, such as the situation where the inside of the hospital was aware of the fact, and even if he received money from the victim, he did not have the intention or ability to sell the house at the auction site because he did not want to use it as the operating expenses of the hospital.

Nevertheless, the Defendant is the victim as above.

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