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(영문) 창원지방법원 통영지원 2015.04.29 2014고단1040

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. On May 2014, the Defendant made a false statement to the victim D, the owner of the said house, “The Defendant plans to live in the house after one year, and for one year thereafter, would have to pay monthly rent of KRW 1,00,000 per month.”

However, the defendant did not have any intention or ability to pay the deposit or monthly rent even if he rents the house from the victim due to the lack of certain income or assets at the time.

Nevertheless, the Defendant, by deceiving the victim as above, resided in the said house without paying the deposit and monthly rent from June 16, 2014 to September 13, 2014, and acquired the pecuniary profit equivalent to KRW 3 million in total the monthly rent.

2. At the same time on June 20, 2014, the Defendant: (a) received money from the victim D due to insufficient living costs; and (b) was scheduled to meet the cost of living; (c) however, the Defendant is obliged to pay the victim tax of KRW 4.5 billion if he/she would bring about to Gyeongnam. 4.5 billion. Upon payment of tax, 4.5 billion won enter his/her hand; (d) he/she may pay a deposit and one-year monthly monthly rent to the victim. It means that the Defendant borrowed KRW 3 million from the victim on the same day on the same day; and (d) on June 26, 2014, the Defendant borrowed KRW 3 million from the victim on the same day to the victim on the same day; and (e) on the same day, transferred money from the victim on the one-time basis to the victim on the other; and (e) on the other, KRW 1.4 million from the victim’s office at the end of 2.4 million on the same day; and (e. 2.8.4 million won on the same date.