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(영문) 제주지방법원 2017.06.14 2017고단319

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2016, the Defendant did not pay the remainder of the lease deposit and annual rent to the victim E in front of the D cafeteria located in Jeju around the morning.

If a person lends KRW 15 million to another person, he/she will immediately repay the deposit amount of KRW 30 million in the house which he/she lives at the present P.M. on the O.I.D.

“The phrase “ was false.”

However, in fact, the house that the defendant had resided at the time is a rental house of 500,000 won, and there was no money to offset the unpaid rent and return it. At the time, the defendant had no intention or ability to repay the borrowed money.

The Defendant acquired 2.5 million won from the damaged person to the account in the name of the Defendant on the same day as the borrowed money, and 12.5 million won to the F account in the name of the Defendant respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. The loan certificate;

1. A real estate lease agreement;

1. Application of Acts and subordinate statutes to investigative reports (report on telephone communications between complainants);

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 on the stay of execution (see, e.g., Supreme Court Decision 200,000 won has been paid to the victim and the claim for the return of deposit for lease of five million won has been transferred);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;