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(영문) 서울북부지방법원 2014.08.21 2013고단464
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 27, 2011, the Defendant entered into a sales contract with F, the owner of the “Del” (hereinafter “Eel”) with the trade name in Seo-gu Daejeon (hereinafter “Eel”).

At the time, the terms of sale and purchase shall be KRW 1.2 billion, and the amount of KRW 8.55 million and the obligation of KRW 1.50 million to refund the lease deposit to the lessee G, the Defendant succeeded to the amount of KRW 1.5 million, and paid KRW 40 million to the person having the provisional registration for the above cartel, and paid KRW 30 million to the owner F in order to cancel provisional registration.

Around October 17, 2011, the Defendant said that the victim I would rent the above DNA telecom to the victim I at the above DNA telecom with F, while doing so.

At the time of concluding the above sales contract, the Defendant was unable to engage in normal financial transactions with bad credit holders, and there was a debt equivalent to KRW 40 million, and even if the Defendant received KRW 100 million from the victim due to no ability to succeed to the obligations of the financial institutions up to KRW 850 million, it is clear that all the terms and conditions of the contract with the above F could not be fulfilled. Therefore, the Defendant did not have the intent and ability to lease the above telecom.

After making such a false statement to the victim, the Defendant: (a) received 20 million won as down payment from the victim on November 1, 201; and (b) received 20,000 won as down payment on October 17, 201; (c) received 30,000 won on October 21, 201; (d) 30,000 won on October 31, 201; and (e) obtained 20,000 won on February 3, 201 from the victim on four occasions.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to each letter of confirmation, a real estate lease contract, a real estate sales contract, a receipt, etc., a written agreement for registration of cancellation of the provisional registration of real estate, full

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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