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(영문) 인천지방법원 2017.04.19 2016고단7656
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is a person who operated a wedding hall with the trade name of “(State D) D” in Daejeon-gu, Daejeon-gu, and the victim E enters the above wedding hall as a partner company and operated the beauty hall with the trade name of “F”.

On July 2014, 2014, the Defendant: (a) at the early cosmetic room, “Is the present dice director’s failure to operate the dice room; and (b) Is the dice room still remains a lease period; (c) Is the dice room together with the dice room; and (d) Is the dice room would not perform the same operation;

The president of the Lessston stated that the 30 million won of the down payment should be paid immediately if the deposit is to be paid, and the 30 million won of the down payment should be put in advance and the 2 pages should be operated by the Domins by September 2014.

However, in fact, the Defendant received the above KRW 30 million in a situation where it was difficult for the Defendant to pay the rent for the wedding hall and the employee salary of the wedding hall at the time, and tried to use it as above, and did not have any idea to keep it in custody to use it as a security deposit to be returned at the time of termination of the lease contract to G, who is the lessee of the above dives room. Moreover, the Defendant did not agree to terminate the lease contract until September 2014, and there was no intention or ability to lease the dives room to the victim until September 2014.

Nevertheless, on July 10, 2014, the Defendant acquired 30 million won from the injured party to the Korean bank account in the name of the Defendant’s name as the contract deposit for the operation of the drums room from July 10, 2014 and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. An inquiry about past transaction details (a passbook in the name of the business operator);

1. Inquiries about past transaction details (from April 1, 2014 to August 31, 2015) statutory application

1. Determination as to the assertion of the Defendant and the defense counsel under the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts

1. The Defendant’s summary of the assertion is the victim’s intent to lease the type of wedding room room.

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