사기
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On September 2013, the defendant prepared a house to reside with the victim D in the office of the Dispute Resolution Co., Ltd., which is located in Dong Government-si B building 601, around September 2013.
A loan of KRW 10 million to be used for a security deposit shall be repaid in accordance with the occurrence of money.
In addition, it is possible to receive the deposit even after the expiration of the lease term ( October 3, 2015) by making the lessee's name as a victim.
“A false statement was made to the effect that it was “.”
However, the Defendant had a debt equivalent to KRW 13 million around that time, and the monthly rent is not an urgent situation to pay, and thus, it was not possible for the victim to receive the return of deposit KRW 10 million at the end of the lease due to the end of the lease. However, the lessor was aware that he/she would receive the deposit, and therefore, he/she did not have the intent and ability to pay the victim KRW 10 million.
At the time when the defendant was designated on October 4, 2013 from the victim by deceiving the victim as above, the defendant was issued KRW 9 million to the Nonghyup account in the name of the lessor E of the building, and KRW 1 million to the post office account (Account Number F) in the name of the defendant on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes on the report of investigation;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;