사기등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On April 10, 2017, the fraud Defendant made a false statement to the victim D, stating, “The Defendant: (a) was to move in to the CE apartment in Busan Metropolitan City; (b) was to have purchased the F apartment in Busan Metropolitan City; (c) was to move in around August 2018; and (d) was to move in to the F apartment. When moving into the F apartment, the Defendant would receive a refund of the E apartment deposit and pay the E apartment deposit.”
However, in fact, the Defendant had already resided in the above apartment, and thus, the deposit was not necessary. At the time, the Defendant had a debt equivalent to approximately KRW 70 million, and there was no intention or ability to repay even if he received money from the victim because he was able to use it in paying the card price and paying the debt.
The Defendant received KRW 2 million in cash from the victim on the same day, and around April 11, 2017, the Defendant received KRW 9 million from the Daegu Bank account (Account Number G) in the name of the Defendant, and KRW 9 million in total from April 12, 2017, respectively, and received KRW 20 million in total from the account transfer around April 12, 2017.
Accordingly, the defendant was given property by deceiving the victim.
2. In order to borrow money from D as a deposit for lease on a deposit basis, the Defendant: (a) on April 13, 2017, at the PC room located at H around 22:00 on the location of the file of the apartment lease contract; (b) on the deposit column; (c) on the lessor’s name column, the Defendant entered “K” in the lessor’s resident registration number column, “L” in the lessor’s resident registration number column, “L” in the lessor’s resident registration number column, and “M Licensed Real Estate Agent’s Office and N” in the real estate agent column; and (d) printed out the personal seal of the Defendant on the back of the J’s name; and (e) signed on N’s name.
Accordingly, for the purpose of exercising, the defendant has forged a apartment lease contract in the name of J, which is a private document on rights and obligations.
3. The Defendant in the course of uttering of a documentary investigation document.