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(영문) 창원지방법원 2018.12.19 2018고단1494
사기
Text

A defendant shall be punished by imprisonment for two years.

The request of the applicant for compensation shall be dismissed.

Reasons

Criminal facts

[2018 Highest 1494]

1. Crimes against the victim B;

A. The Defendant: (a) around March 18, 2017, at the victim B’s residence located in the Kimhae-si C Building D; and (b) on the victim’s residence, “B before greing”

E The E-public parking lot operation right was received.

The public parking lot operation right which has received money on the face will be transferred to the son.

“......”

However, in fact, the Seongbuk-gu E Public Parking Lot (F parking lot) operated by the G Association Changwon-si Branch (hereinafter “Association”) and the Association did not promise the Defendant to sublease, and even if the Defendant received money from the injured party, there was no intention or ability to transfer the right to operate the E Public Parking Lot.

However, on March 21, 2017, the Defendant: (a) by deceiving the victim as above; and (b) received KRW 45 million from the victim as the transfer proceeds of the public parking lot operation rights.

B. On September 20, 2017, the Defendant: (a) at the place indicated in paragraph (a) of No. 1-gu around September 20, 2017, the Defendant won prizes to the victim’s right to operate the rehabilitation room before the Sung-gu Sung-gu I Hospital.

Nar, which invests nine million won, invests the remainder of nine million won.

I Income more than 3 million won from the rehabilitation room in front of the I Hospital, and investment is possible to operate the rehabilitation room within a week.

“......”

However, in fact, H did not have acquired the right to operate the I Hospital in front of the Seongbuk-gu J, Sungwon-si, and the defendant did not prepare nine million won necessary for the operation of the lottery, and even if he received money from the injured party, he did not have the intention or ability to allow the injured party to operate the lottery.

However, on September 22, 2017, the defendant deceivings the victim as above, and was delivered KRW 9 million to the victim for the purpose of investment in lottery tickets around September 22, 2017.

2. Crimes against K of Victims;

A. On May 25, 2017, the Defendant: (a) at the ma coffee shop located in L of Changwon-si, Changwon-si; and (b) to the Victim K, the Defendant “as soon as possible.”

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