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(영문) 의정부지방법원 2015.02.11 2014고단2023

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 12, 2009, the Defendant made a false statement to the victim that “E real estate will be transferred to KRW 38 million ( KRW 15 million, KRW 23 million, KRW 23 million, KRW 30 million)” to the victim of E Real estate operated by the victim D in Guri-si, Guri-si, Seoul. As there is no money at present, 8 million as down payment and KRW 30 million will be given to the victim on August 13, 2009, which is 2 months later.”

However, the defendant did not have any specific income or assets at the time, and even if he acquired E-real estate from the victim, he did not have the intention or ability to pay the balance of KRW 30 million.

Nevertheless, the Defendant paid 8 million won to the victim the same day the down payment, and concluded an agreement with the victim to transfer or take over the E-real estate by transferring or taking over the right of management, real estate office, housework, and building owner F of E-real estate, and received 15 million won from the victim the right to claim the return of lease deposit.

After all, the defendant, by deceiving the victim, acquired the pecuniary benefits of 30 million won.

Summary of Evidence

1. Part of the defendant's legal statement (the act of deceptioning and the denial of intention by deception);

1. Legal statement of witness D;

1. A police investigation report (investigation into the G phone of a building owner / A telephone investigation into a building owner / A telephone conducted for a suspect / Attachment of the detailed list of office premium-related premiums / H counterpart telephone investigation);

1. The complaint form and attached materials [the contract form, the loan certificate and the statement of payment, the real estate lease contract [the defendant and his defense counsel did not pay the victim a punishment, but did not pay the proceeds, and they did not have the intent to commit fraud. However, although the defendant is well aware of the fact that the above real estate business was well known from the above real estate as an assistant, it is difficult to view that the victim transferred the above real estate, security deposit, premium, etc. to the defendant because he did not pay the above real estate to the defendant. The defendant's assertion as to this falls short of the credibility, and the defendant is also the defendant.