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(영문) 대구지방법원 2017.02.16 2016고단2329
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant was engaged in the management of the E sales facilityF in Jinju-si, while working in the business management team of C Co., Ltd. (hereinafter “C”) from September 2014 to September 2015.

The Defendant, around May 21, 2015, at the above E, requested the victim H, an operator of “G” located in a company located in the Seoul Special Metropolitan City, to grant money to the victim H that requires LH employees, entertainment expenses, etc. in order to maintain the occupancy and use contract.

“A false representation was made.”

However, in fact, since the contract with the victim was already completed, whether or not the E employee could not affect whether or not the victim was the occupant of the reading center, etc., and the defendant did not intend to receive money from the victim to use it for his personal purpose, but did not intend to conduct a meeting with LH employees.

The Defendant: (a) by deceiving the victims as above and receiving KRW 7 million from the victims on the same day from the victims; and (b) by August 2015, the Defendant received a total of KRW 12.5 million from the victims on a total of four occasions, such as the list of crimes in attached Form 200,000 from the victims; and (c) acquired them by deception.

2. Determination

A. According to the evidence duly adopted and examined by this court as to whether H’s fraud was established or not, H entered into a contract with the Department of C on May 21, 2015 with the leased deposit amounting to KRW 100,000,000,000, monthly rent of KRW 1000,000,000 for sales facilities on the first floor of the E-house and the dormitory building located in Jinju-si (hereinafter “the instant building”). Meanwhile, the Defendant, who was in charge of the lease-related business in C, entered into the said contract with H prior to entering into the said contract, provided that he paid a certain amount of money to him to the Defendant prior to entering into the said contract, and that H paid KRW 7,00,000,000 to the Defendant before entering into the said contract.

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