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(영문) 인천지방법원 2018.03.15 2017고단9115

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 31, 2012 to January 31, 2014, the Defendant concluded a lease agreement with the victim E to lease the F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F.f. to the victim E from January 31, 201 to January 31, 2014, at around December 12, 2011, the Defendant concluded a lease agreement with the victim to lease the amount of KRW 80,000,000 for the lease deposit between two years from January 31, 201.

The phrase “ makes a false statement.”

However, in fact, the Defendant was expected to use the rent deposit received from the injured party for the purpose of residing in the Defendant, such as the payment of office rent deposit, director's expense, and credit card payment, and thus, the Defendant did not intend to repay the Defendant's debt with the right to collateral security over the above apartment complex until the injured party receives the remainder of the lease deposit, and was liable for a large amount of debt, such as card payment, bank loan, etc., and there was no other way to repay the debt with the right to collateral security over the above apartment except for the lease deposit received from the injured party, because

On December 12, 201, the Defendant entered into a lease agreement with the victim on December 12, 201, and received KRW 8 million from the victim on the same day as the down payment for the lease deposit, and KRW 72 million in total as the remainder of the lease deposit around January 31, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes governing certified copies of real estate registers;

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. 【The grounds for sentencing of Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 General fraud (Type 1) mitigation area / [1] Special mitigation person: In a case where the degree of willful misconduct or deception is weak, damage recovery to a considerable portion of damage (the injured person is the victim).