beta
(영문) 부산지방법원 2016.01.14 2015고정4420

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In the past, the defendant is the spouse of the owner C of the house located in Busan Seo-gu B, and the victim D is the tenant in the above domicile.

At around 14:00 on September 15, 2014, the Defendant: (a) prepared a real estate lease agreement under which C leases the said house to the victim with a deposit of KRW 20 million; (b) the lease term of two years; and (c) entered into a lease agreement with the victim. However, on the grounds that C had already planned the said house to go beyond auction before the contract date, and C sold the said house to F around August 26, 2014; (b) the Defendant was required to notify the lessee of the fact, which is an important matter when entering into the lease agreement, while not notifying the fact.

The defendant deceivings the victim as above and received 20 million won from the victim as a security deposit.

Summary of Evidence

1. Statement made by the police against D;

1. A real estate lease contract, full certificate of registered matters, written statement, certificate of contents, and a real estate transaction contract;

1. Application of Acts and subordinate statutes to police investigation reports;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for a crime;

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;