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(영문) 서울남부지방법원 2017.10.19 2016고단5543

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant pays 12,00,000 won to the applicant through fraud.

Reasons

Punishment of the crime

The defendant is the representative director of D, a corporation located in the third floor of Guro-gu Seoul Metropolitan Government C building.

around December 2015, the Defendant was aware of the office at the third floor office of the above C building, and the above director of the victim B was aware of the office to move into by the above company.

E is within this building.

The purpose of this paper is to make part of the office available at a new company for a period of one to two years, so that it can be used less in good faith. Therefore, the false statement was made to the effect that deposit money is KRW 20 million.

However, in fact, the above C building was not a building owned by the defendant or the defendant, but at the time, the defendant agreed to lease the three floors of the above C building to KRW 200 million, monthly rent of KRW 20 million, but the defendant was requested to leave from the actual owner of the building to Staff on December 2, 2015.

Nevertheless, the Defendant, by deceiving the victim as such, received the remittance of the total sum of KRW 12 million from the 15th of the same month to the new bank account (G) with the name of the F as the deposit money from the victim, and acquired the money from the victim.

Summary of Evidence

1. Each protocol of suspect interrogation of the police against the accused (including E part of the statement);

1. Each police statement made to E, H and I;

1. Application of the attached Acts and subordinate statutes, such as a petition for complaint, business registration certificate, office photograph, photo, name tag photograph, results of transfer management, performance letter, photograph, etc. to course a mobile phone text message;

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

1. Articles 25 (1), 31 (1) and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;