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(영문) 수원지방법원 안산지원 2018.05.11 2018고단595

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2014, the Defendant entered into a lease agreement with the victim D on July 11, 2014 with “C” office located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, with “A”, and jointly succeeded to F and F, who are owned by the said house back to Korea. As the current declaration of disappearance of punishment was applied to the court, the transfer registration may be filed under the name of f and f, as it is filed with the court.

If the legal problem arises, it will be responsible for the payment and redeem the deposit.

In addition, if 40 million won is paid as security deposit, it will cancel the right to collateral security of 26 million won created by the Saemaul Treasury.

The phrase “ makes a false statement.”

However, the fact that the requirements for the declaration of disappearance against F are not satisfied, and thus, the name of the defendant was not completed such as transfer of the above house under the name of the defendant, and there is a possibility that the defendant will not be declared missing.

In addition, it was recognized that the existing obligation borrowed from the lending company under its own wife, wife, and mother name was repaid in a way that prevents the loan from returning to 70 million won or more, and the situation where it was difficult to pay interest and living expenses due to the failure to receive ordinary benefits, even if it was paid a security deposit from the injured party, there was no intention to cancel the collateral security established by the Saemaul Treasury, and there was no intention to cancel the existing obligation even if it was paid a security deposit from the injured party. As such, there was no intention or ability to repay the deposit to the injured party as agreed upon when the lease contract is terminated due to the excess of the obligation.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 40 million from the injured party as the deposit money prior to the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act (the fact that the facts charged are recognized and the fine is exceeded);