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(영문) 인천지방법원 2016.10.06 2016고단2600
사기
Text

A defendant shall be punished by imprisonment for one year.

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

【Before August 2009, the Defendant entered into a lease contract with the Plaintiff to lease the lease deposit amount of KRW 140 million from August 19, 2009 to August 19, 2011, the lease contract was renewed by increasing the lease deposit amount of KRW 180 million on or around August 201, 201, under the same conditions as the former lease contract was renewed on or around August 201.

On the other hand, on June 2012, the Defendant applied for a loan of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the victim.

【Criminal Facts of Crimes】 On May 2014, the Defendant gave up the renewal of the pre-sale contract, who was requested by C to raise the pre-sale deposit, at the expiration of the pre-sale period, and sentenced C to receive the full amount of the pre-sale deposit.

At around 17:00 on June 27, 2014, the Defendant made a false statement to F, the husband of the victim, who would not pay the deposit for lease on the ground that the right of pledge was established, stating that “The full amount of the deposit for lease on the basis of the loan KRW 140,000,000,000, is to be refunded directly to Modern Capital Capital.”

However, in fact, the suspect was liable for approximately KRW 120 million due to the failure to operate the amusement establishments at the time, etc., and there was no special income or property other than the deposit for the lease deposit, and even if he was refunded from the victim, he was planned to invest in the second entertainment establishment at the time, and there was no intention to repay the loan in the Hyundai Capital.

Accordingly, even though the Defendant did not intend to repay the loan to Hyundai Capital without any intention to do so, the Defendant, by deceiving the victim, was immediately issued from the victim the deposit amount of KRW 180 million, which is equivalent to the maximum amount of the security of the right among them.

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