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(영문) 수원지방법원 2017.11.08 2017고단5038

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2014, the Defendant, at a public brokerage office, Gangnam-gu Seoul, Seoul D and 104 E, said that “The Defendant would inform the victim F of real estate know-how for 20 years and give him/her a monthly wage of KRW 1 million.” On January 2, 2015, the Defendant employed the victim as an employee, and on January 2, 2015, at the above office, the Defendant did not have the Plaintiff’s certificate of qualification as a public broker because he/she has retired from office, so the Defendant would cause the registration of the establishment of the public brokerage office in the name of the victim.”

The victim filed an application for registration of the establishment of a certified brokerage office in the name of the victim of the certified brokerage in the Gangnam-gu Seoul Metropolitan Government Office.

Defendant’s Month

5. In the above office, the victim stated in the E Real Estate Lease Agreement a deposit of KRW 50 million and monthly rent of KRW 4 million. If the tax office or Gu office confirms the facts.

Then, 50 million won was deposited into a lessor’s passbook, and 15 days later later, Ga.’s false statement was found. Around that time, the victim again made a real estate registration certificate under H’s name, passbook, seal, and credit card connected to the passbook, etc., with the victim’s name “h’s concern about whether it was inside,” and the deposit is made.

The phrase “ makes a false statement.”

Accordingly, the victim transferred 50 million won to the bank account under H's name on the same day.

However, at the time, even if the defendant received 50 million won from the injured party, he did not intend to use it in other places, and he did not have the intention to return the above money to the injured party 15 days after the fact.

As such, the Defendant, by deceiving the victim, was given KRW 50 million from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A copy of a registration certificate of a brokerage office, a copy of real estate registry, a copy of a deposit certificate of another real estate, a copy of a monthly rent contract mainly, a copy of a cash custody certificate, or a criminal investigation report (or H telephone call of a witness);