사기
Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
However, the two years each from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant
A On October 19, 2016, the Changwon District Court sentenced imprisonment for one year to be a crime of fraud at the Changwon District Court, and the judgment became final and conclusive on October 27, 2016.
On October 10, 2013, the Defendants prepared a lease deposit amount of KRW 60 million, monthly rent of KRW 100,000, and the term of lease from October 17, 2013 to October 16, 2015 at the office of a mutually infinite-si, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Seoul Special Metropolitan City, and applied for the payment of the deposit money to the Korea Land and Housing Corporation of the victim after obtaining the date fixed in the lease contract from October 14, 2013.
However, in fact, the Defendants prepared a charter contract with the aforementioned false content in order to provide financing due to Defendant A’s need for money, and Defendant A did not actually have resided in the lease of the above apartment.
Ultimately, the Defendants conspired to induce the victim as above, and received KRW 41,550,000 from the victim, who was in the name of Defendant B, for the purpose of the full-time tax subsidy around October 17, 2013.
Summary of Evidence
1. Defendants’ respective legal statements
1. A protocol concerning the interrogation of suspects of E;
1. Complaint;
1. An abstract, such as a whole certificate to be registered, a full lease contract on real estate, a housing lease contract, an apartment lease contract, and a resident registration list;
1. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A) and text of the judgment;
1. Relevant Article 347 of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning criminal facts
1. Article 37 of the Criminal Act for concurrent crimes (Defendant A): Provided, That Article 39 (1) shall apply thereto;
1. In light of the Act on the Grounds of Punishment of Sentencing Article 62(1) of the Criminal Act, etc., the crime of this case is considerably inferior, and the amount of fraud is not much significant. However, the confession by the Defendants, and the mistake is divided in order to recover damage.