사기
A defendant shall be punished by imprisonment for not less than eight months.
An application filed by an applicant for compensation shall be dismissed.
Punishment of the crime
On May 21, 2009, the Defendant decided to take over the “F” sub-management shop of the D building No. 826, which was operated by the victim E at the real estate office in Songpa-gu Seoul building, and said, “If the Defendant transferred the F such as the lease deposit and the collection of house, he would pay KRW 100 million to the victim, and if the cash for the funeral operation is lent to the victim by June 30, 2009, the Defendant would pay KRW 100 million along with the transfer proceeds.”
However, as the Defendant did not have any special property at the time and did not pay the mobile phone charges and card bills in excess of certain income, the Defendant did not have any intent or ability to pay the victim KRW 100,000 to the above “F” and KRW 10,000,000.
On the same day as above, the Defendant transferred the amount equivalent to KRW 100,000,000,000,000,000 for the lease deposit against the D Building 826 and for the facilities and equipment within the said D Building as well as KRW 50,000,00 from the victim. On May 22, 2009, the Defendant was transferred the amount borrowed from the Defendant’s new bank account to KRW 10 million.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement of E;
1. C Application of the Acts and subordinate statutes governing filing of complaint;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the subject of an order for compensation in this case is not KRW 100 million, but the value of lease deposit and facilities, etc. in the store that the victim transferred to the defendant by the victim, not KRW 100 million, at the time of transfer, and the objective value of facilities, etc. inside the store is unclear in light of the fact that some overdue rent, etc. occurred at the time of transfer and the scope