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Reasons
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(영문) 인천지방법원 2017.10.12 2017고단2191
사기등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant was a person who operated the F in Nam-gu Incheon Metropolitan City E.

1. The Defendant did not report to the head of the competent Gu, and, from the end of December 2015 to February 19, 2016, operated a non-reported restaurant business without filing a report, including, but not limited to, the installation of 8 tablers on approximately 7 square meters in the south-gu Incheon Metropolitan City (second floor), and the sale of coffee to customers.

2. Around the end of January 2016, the Defendant offered the victim G the acceptance of the said coffee shop from the F, and obtained the permission to set up “the coffee shop was set up on a double floor and was set up in money.”

The purpose of this study was to make a false statement to the effect that the deposit 20 million won is changed to the facility premium in 70 million won.

However, in fact, the defendant only obtained permission for the first floor and did not have obtained permission for the second floor.

Nevertheless, on February 3, 2016, the Defendant: (a) by deceiving the victim as above; (b) transferred the amount of KRW 7.5 million to the Saemaul Treasury account (H); (c) KRW 5 million on February 12, 2016; (d) KRW 5 million on February 13, 2016; (c) KRW 40 million on February 15, 2016; and (d) KRW 200,000 on March 18, 2016; and (e) KRW 1.1 million on March 21, 2016; and (e) paid the amount to be paid by the victim on condition that the victim would have to pay the expenses to be settled, such as management expenses.

Accordingly, the defendant deceivings the victim, by deceiving 87.9 million won, and acquired 2.1 million won property benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution with regard to I;

1. Statement made by the police to J;

1. A contract for the lease of a shop, a contract for the transfer of real estate rights, and financial transactions;

1. Each recording book, Kakao Stockholm text photo, recording CD (the evidence duly adopted and examined by this Court) shall be taken into account to the following circumstances, i.e., ①.

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