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(영문) 대전지방법원 홍성지원 2015.08.28 2015고단459

사기

Text

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

Reasons

Punishment of the crime

On February 13, 2015, the Defendant was sentenced to ten months of imprisonment for a crime of fraud in the Busan District Court Branch Branch of the Incheon District Court on February 24, 2015, and the said judgment became final and conclusive on February 24, 2015, is currently serving a sentence in the current

On March 30, 2001, the Defendant leased a store located in Guro-gu Seoul Metropolitan Government, Guro-gu, from the owner of the building to March 30, 2002, on condition that the lease deposit amount is KRW 6 million and monthly tax is KRW 7 million.

At around 18:00 on July 12, 2001, the Defendant told the victim D (the 49-year old) to sublet to use the 4 square space for the real estate office for two years. The Defendant would return the sub-lease deposit immediately after the expiration of the sub-lease contract.”

However, the fact was that the 4th class of the above store was sub-leaseed, and the period of the sub-lease was terminated on March 30, 2002, and it was difficult to guarantee the 2-year sub-lease period. The defendant did not have the intent or ability to return the sub-lease deposit at the end of the sub-lease contract period due to the difficulty in securing the materials expenses and personnel expenses incurred in the office operated by the defendant, and it was thought that the sub-lease deposit was used at will at a urgent place. However, the completion of the sub-lease contract was approved by the owner of the building, and the sub-lease contract can be guaranteed for 2 years, and the middle termination will be returned at any time.

As above, the Defendant, by deceiving the victim as above, had the victim enter into a sub-lease contract with the victim about the fourth grade of the said store on the condition of KRW 16 million, monthly and KRW 350,000,000, and, in other words, had the victim receive 16,000,000 from the victim as the sub-lease deposit and acquired it by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records of judgment: Criminal records, results of inquiry and application of statutes of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The Criminal Act dealing with concurrent crimes;