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(영문) 광주지방법원 2016.11.10 2016고단3016
사기
Text

Defendant shall be punished by imprisonment for five months, and 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

around April 2016, the Defendant stated that “The Defendant would sell the principal and profits to the retail store by selling them to the retail store in kind at the middle of the year when our friendship is going to a pesticide company, and if he sells them in kind to the retail store.” The Defendant stated that “The principal and profits will be paid up until May 15, 2016,” to the victim B at the French site.

However, in fact, the defendant thought that he will receive money from the victim to be used for his personal purpose such as living expenses, etc., and there was no intention or ability to pay the principal and profits by investing in or generating profits

On April 26, 2016, the Defendant, by deceiving the victim as such, received 25 million won from the victim to the Agricultural Cooperative Account in the name of D (the name of the Defendant prior to his/her opening name) under the pretext of investment money from the victim and acquired it by fraud.

On June 20, 2016, the Defendant: (a) called the victim E on June 20, 2016 to return the deposit to the purchaser of multi-household buildings that he manages in the country; (b) money is insufficient to pay.

Loaning of money

6. The payment shall be made up to 25.

'' was discussed.

However, in fact, the Defendant was thought to use the rent deposit for the purpose other than the plan to use the rent deposit for the tenant in return of the rent deposit for the tenant with money from the victim, and the Defendant concluded the rent contract on behalf of the building owner after being entrusted with the management of the multi-family house located in the Seo-gu in Gwangju, Seo-gu, and concluded the rent contract on behalf of the building owner in lieu of the building owner, but was in a situation where he voluntarily uses the rent deposit and deliver the monthly rent amount of 5.8 million won per month to the building owner as a monthly rent, on the other hand, even if there was no particular property or income

As above, the Defendant deceivings the victim, and then accounts in the name of D (the name before the opening of the Defendant) from the victim on the same day.

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