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(영문) 의정부지방법원 2018.08.17 2017고단5494

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant stated, on October 2015, 2015, “Around early 2017, the Defendant reported monthly rent advertising at the Dpenta-gun, Diala-gun, E in the early 2015, that “The Victim F, who was in the name of her wife, would have his/her penta-in and penta-in, live at the 40 million won as security deposit for one year.”

However, in fact, the defendant only used to rent the above penture from G, the owner of the above penture, and there was no consent or delegation from G, which was not the spouse of G, with respect to leasing the penture to F.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred the amount of KRW 5 million under the contract to the Agricultural Cooperative Account (I) in the name of the Defendant; and (c) KRW 35 million to the remainder on October 8, 2015; and (d) the amount of KRW 17,000,000, respectively.

On October 19, 2016, the Defendant entered into a contract with the victim L as a domestic agent due to the failure of the wife to directly enter into the contract with the victim L in the K real estate located in Pyeongtaek-gun J of Gyeonggi-do on October 19, 2016.

If the rent is paid in advance for the two-year rental period prior to the occupancy, the pension will be leased.

The phrase “ makes a false statement.”

However, in fact, the Defendant was only between H that leased the above pentthy from G, the owner of the above pentthy, and the Defendant was not the spouse of G, but did not have any authority to lease the above pentthy to the victim.

Nevertheless, the Defendant deceiving the victim as above, and was granted KRW 28.7 million in total, including KRW 1.5 million around October 19, 2016, KRW 20 million around October 21, 2016, and KRW 7.2 million around November 30, 2016.

Summary of Evidence

"2017 Highest 5494"

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of F or M by the prosecution;

1. Each police statement made to N, G, or H;

1. "Real estate lease agreement, a certificate of transfer, a certificate of cash custody, and a certificate of process".