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(영문) 서울중앙지방법원 2014.04.30 2013고단6745

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 1, 2012, the Defendant: (a) around 1, 2012, at the 101 house located in Gwanak-gu, Seoul Special Metropolitan City, “this house is under the management of the house; (b) the deposit money is KRW 30 million; and (c) the deposit period is determined from June 7, 2012 to June 6, 2014; and (d) entered into a lease contract with the victim.”

However, in fact, the Defendant was the lessee who leased the said house from the owner E, not the owner or manager of the said house, and the Defendant and the said owner stipulate the prohibition of re-lease in accordance with the terms of the lease contract between the Defendant and the said owner. Since the term of lease expires on January 10, 2013, the Defendant knew that even if concluding the lease contract with the victim and receiving the deposit from the victim, the victim could not cause the victim to live in accordance with the terms and conditions of the contract even if he entered into the lease contract, but the Defendant was aware of the fact that he was the owner of the said house. However, the Defendant did not notify the victim of the fact that the Defendant was the owner of the said house as if he was the owner of the said house, who was an important content of the lease contract, “the fact that the Defendant was a mere lessee, not the owner or justifiable manager,” “the fact that the term

Around June 7, 2012, the Defendant had impliedly induced the victim, and acquired 30 million won from the victim as a deposit money for lease on a deposit basis.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the accused (including D's statement)

1. Application of the police statement law to D;

1. Relevant legal provisions on criminal facts and reasons for sentencing of Article 347(1) of the Criminal Act for the choice of punishment [decision of a sentence] Fraudulent crimes, general fraud, and type 1 (less than KRW 100 million) [Special Aggravation] - Where serious damage is caused to the victim [the scope of recommending punishment] 1 to 2 years.