사기
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant, in collusion with D, prepared a false lease contract as if the Dong F, a member of the victim E district housing redevelopment project association, leased the housing owned by the husband G, and received the resettlement expenses from the damaged party, some of them were used by the defendant to pay the debt from D, and the remainder would result in D.
Accordingly, on May 20, 201, the Defendant and D entered into a lease agreement as if F leased the first floor of the J-based building in Seongdong-gu Seoul, Seongdong-gu, Seoul from G to KRW 120,000,000,000. On the other hand, the Defendant and D entered into a lease agreement as if H around May 20, 201, and the Defendant and D were to use the first floor of the building in Seongdong-gu, Seoul as the office for the redevelopment project for housing in the E zone located in the third floor in Seongdong-gu, Seongdong-gu, Seoul, as the principal office of the building in Seongdong-gu, and then to submit the above lease agreement to all the above union members L, and if the principal office of the building in Seongdong-gu, Seongdong-gu, Seoul, was to use the first floor as the deposit for the pre-sale deposit and to return it as is after the expiration of the lease agreement.
3.5
However, the defendant has a duty to return to the victim not to move.
Since it cannot be determined by a person, this part is not recognized.
However, in this case, as long as the right to return the lease deposit based on the false lease agreement is provided as security, the crime of fraud is established only by the provision of false security, even if the defendant's obligation to return or intent to move is not recognized, it is not affected in the establishment of the crime of fraud, and it is deemed that there is no substantial disadvantage to the defendant's right to defend even after the correction is recognized. Thus, it is ex officio.