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(영문) 대전지방법원 2016.11.10 2016고단173

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 29, 2012, the Defendant concluded a lease agreement with the D Licensed Real Estate Agent Office located in Seo-gu Daejeon, Daejeon to the effect that “The security deposit shall be returned upon the expiration of the lease term,” with respect to the lease term of 201, from August 30, 2012 to August 30, 2014, the lease term of 30 million won, and the lessee as the victim.”

However, in fact, the Defendant, as a daily worker, did not have any particular property at the time, and did not fully pay 37 million won to the previous owner, and was not transferred the ownership of the said real estate, and was in arrears with 22,639,790 won, so there was no intention or ability to return the lease deposit to the victim even after the lease term expires.

Accordingly, the defendant deceivings the victim as such, and he received a sum of 30 million won from the victim as a deposit for lease.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Investigation report (F and hearing statements);

1. Complaint - A deposit agreement, a certificate of full registration, and a notice of public auction shall apply to the statute;

1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for the crime of this case is when and against the defendant committed the crime of this case, the defendant does not have the same criminal record, the victim does not agree with the victim, and the victim redeems certain amount of money from among the money obtained through the public sale procedure, etc. in favor of the defendant, under normal circumstances that are favorable to the defendant, the defendant did not agree with the victim, and the victim want to be punished, the victim's effort to recover damage is insufficient, and the defendant was duly summoned from the court.