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(영문) 춘천지방법원 원주지원 2017.02.14 2016고단902
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

The Defendant is a person who operated a trade name “D” in the prime city C from around 2005 to around 2014.

On May 2014, the Defendant is entitled to engage in the main business for at least three years, since he/she has a main office in the above main parking lot located in Franchi City, which is located in Franchi City, to the victim E, a person who was known to and was in his/her own city, and the lease deposit amount of KRW 50 million delivered to the lessor remains effective and the current lease period is extended.

B. A false statement was made to the effect that, at the time of giving money under the name of a lease deposit and premium, it would transfer the sales rights of the said “D” main points.

However, in fact, the Defendant did not pay rent to F, the owner of the above main building, thereby set off the lease deposit amount of KRW 50 million. The Defendant had already been filed a suit against F to order F to order the said main building until December 31, 2010, and the settlement was formed in the lawsuit to the effect that F cannot transfer the right of lease at will. Therefore, even if the Defendant received money from the victim of the foregoing main building, he/she did not have the intent or ability to allow the victim to normally operate the business at the said main building.

On May 22, 2014, the Defendant received KRW 100 million from the damaged party, under the name of lease deposit and premium, etc. for the said main points from the Nonghyup Bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses G and E respective legal statements;

1. Copy of business registration certificate and certificate of business permission;

1. Copy of settlement protocol;

1. A copy of the contents of certification, copy of the lease contract, copy of deposit receipt, and copy of the execution clause;

1. A copy of an execution clause for the surrender of buildings;

1. A detailed statement of deposit transactions;

1. Each investigation report (to attach an e-mail sheet and family relation certificate signed and sealed, to append an answer to the owner of a building related to the lease agreement), and to reply to e-mail.

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