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(영문) 춘천지방법원 2016.06.29 2015고단1230
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2006, the Defendant had been operating the E cafeteria from Nos. 102 and 103 (hereinafter “instant shopping mall”). On December 2014, the Defendant was aware of the Victim F and G, who was a guest with the first patrolman, and was working a shuttle bus in H near the said cafeteria.

On December 2, 2014, the Defendant: (a) at the above restaurant, the Defendant: (b) whether he/she is fine to return to the Republic of Korea; (c) whether he/she is fine.

“I am the victims of the horses to operate a restaurant that must return to the Republic of Korea;

내가 이 가게를 2억 원에 내놨는데 인수해서 해 봐라, 3년에 한 번 씩 재 갱신만 하면 평생 무상으로 해먹을 수 있다, 1년에 상가 한 칸 당 토지세 20만 원과 매달 전기세만 내면 된다 ’라고 거짓말하였다.

However, in fact, the building to which the commercial building of this case belongs was donated to Hongcheon-gun on July 7, 1997 and was expected to be the expiration of the payment period for donation of July 6, 2017 and the period for free use of the commercial building of this case also will be expired, so even if the victims acquired the right to use the commercial building of this case, the actual business period was not over three years, and if the payment period for donation expires, the users of the commercial building could not claim all rights related to the commercial building business in Hongcheon-gun, and could not claim all damages, such as the premium, etc.

Nevertheless, the defendant concealed the fact that the payment period of the commercial building was expired on July 6, 2017 as the building that was donated and received by the above commercial building, and entered into an agreement with the victims to transfer the above right to use the commercial building to KRW 185 million, and on January 19, 2015, 37.94 of the share of the multi-family house in the Seoul Eunpyeong-guJ of the victims on January 19, 2015, after being transferred from the victims to the Defendant's wife's wife (the market price shall be KRW 120 million) (the market price shall be converted to KRW 120 million), January 21, 2015, and KRW 30 million.

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