사기
Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
On September 28, 2009, the Defendant stated to the victim D of Seocho-gu Seoul Metropolitan Government C Building 1621 that “The Defendant is a house leased from the lessor E to KRW 1621,50,000 per month, and the amount of KRW 20,000 per month is paid to the lessee E with KRW 6,50,000 per month and KRW 600,000 per month, the remainder of the monthly rent will be maintained by means of payment at the cost.B is currently leasing business, and the real estate is also owned under the name of the same person. Accordingly, later, the amount of KRW 20,000 may be returned without any problem.”
However, in fact, the defendant was unable to maintain the sublease contract if E did not obtain consent from the lessor E to the fact of sub-lease to the victim. Unless the defendant did not keep the deposit received from the victim because he did not have any real estate held in his name and there was no property held in his name and there was no property held by the defendant, the defendant was thought that the deposit received from the victim will be invested in all others after the expiration of the sublease period.
The Defendant, by deceiving the victim as such, received KRW 2 million in the name of the victim as a security deposit, KRW 3 million in the same day, KRW 10 million in October 1 of the same year, KRW 10 million in the name of the victim, and KRW 4 million in the bank account (Account Number:F) in the name of the Defendant, respectively.
Summary of Evidence
1. Legal statement of witness D;
1. Partial statement of witness G;
1. Statement made to D by the police;
1. A complaint;
1. A real estate lease contract, a statement of account transfer, a short-term lease contract for real estate, and a statement of payment of lease deposit;
1. Application of the Acts and subordinate statutes to the inquiry inquiry report;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.