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(영문) 수원지방법원 2014.10.22 2013고단5985

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 13, 2011, the Defendant received a power of delegation from C and D to the effect that “a person shall delegate the authority concerning the construction of a studio building, etc.” in the process of constructing a studio building on the 5th floor above Suwon-si B, Suwon-si. The said power of delegation contains the phrase “excluding rental deposit,” and thus, the Defendant did not have the power to lease the said building.

Nevertheless, the Defendant arbitrarily deleted the phrase “other than rental deposit” from the power of attorney, and, on November 25, 201, at the F Licensed Real Estate Agent Office in Suwon-si, Suwon-si, and at the F Licensed Real Estate Agent Office, at the victim G, offered a modified power of attorney as above and offered to the victim G, would make a lease agreement of KRW 30,000,000 as to the above building Nos. 201 and 301 as security, respectively.

The loan shall be repaid in one month.

‘' makes a false statement to the effect that it was obtained 40,000,000 won from the victim and acquired it by fraud.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A copy of the protocol of interrogation of the police against the accused (including the statement of C or D);

1. The police statement concerning G;

1. A copy of each power of attorney;

1. Application of Acts and subordinate statutes to each copy of a loan;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;