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(영문) 서울중앙지방법원 2016.07.14 2016고단1200

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2012, the defendant would pay the victim rent normally at the victim D's house located in Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul.

“.....”

However, the Defendant did not have any intention or ability to pay the rent normally even if the room was leased because there was no particular property or income at the time.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) renting seven rooms from January 201 to December 17, 2013 from the date of the damage; and (c) by paying rent of KRW 10,000,000 to KRW 27,182,000,000; and (b) by failing to pay the remainder of KRW 27,182,000, the Defendant acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The part concerning D's statements made by the police in relation to D, and the part concerning D's statements made in relation to the suspect's second time in the police interrogation protocol;

1. The request for storage, a balance certificate, a copy of the balance passbook, a photo, a documentary copy of the book of payment, each document of payment [In full view of each of the above evidence, it is recognized that the defendant actively was unable to pay rent without rent, and that he entered into a lease agreement (or verbal) with the victim, and that the witness E’s legal statement that seems consistent with the defendant’s defense is likely to believe that it is in light of the entire statement, and that it does not interfere with the above recognition];

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] General Fraud / There is no basic area (6 months to 100 million won) (6 months to 1 year and 6 months) / [the person subject to special sentencing] / [decision of sentencing] profit equivalent to the rent acquired by committing a crime is not more than KRW 37 million and the damage reimbursement or the victim is not much much.