beta
(영문) 의정부지방법원 2017.05.01 2017고단1086

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 22, 2016, the Defendant was sentenced to two years and four months of imprisonment for fraud at the District Court for the purpose of fraud, and the judgment became final and conclusive on July 9, 2016.

On October 31, 2013, the Defendant was in the D real estate located in Gyeonggi-si, Gyeonggi-do, which was leased from F in the name of the Defendant’s mother E, with respect to the Defendant’s apartment G 509 Dong-dong 901, which was the leased apartment from F in the name of the Defendant’s mother E, and the Defendant was the leased apartment to the Victim H, and the former deposit may be the director immediately at the time of

B. The degree of deposit deposit for the party may be sufficiently refunded in several collections.

"" and the sub-lease contract was concluded with the victim.

However, at that time, the Defendant paid the lease deposit of the above apartment with the money received from the injured party, and immediately paid the lease deposit of the above apartment without any particular property, and the above lease deposit was planned to receive the loan of KRW 47 million from the Saemaul Bank of Korea as collateral and to use the personal debt and living expenses, etc. with the victim when the sublease contract with the victim is terminated, there was no intention or ability to return the sublease deposit to the victim.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 6 million as the down payment on October 31, 2013 from the victim; and (c) KRW 54 million as the remainder on November 11, 2013 from the victim.

Accordingly, the defendant was given a total of KRW 60 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H in the police statement protocol;

1. A copy of the G apartment lease contract, a copy of the apartment lease contract, a detailed statement of transaction, and a bill processing certificate, respectively;

1. Previous convictions in the judgment: Application of the Acts and subordinate statutes stated in the report of the previous convictions in the disposition, the results of the investigation report (verification of the judgment of the relevant case), and the

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reasons for sentencing under Article 39(1)1 of the Criminal Act (Article 37 of the Criminal Act) are as follows.