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(영문) 서울서부지방법원 2013.03.12 2012고정595

사기

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 14, 2011, the Defendant was sentenced to imprisonment with prison labor for thief and intrusion on a thief in Incheon District Court 201Da3051, which was sentenced to 8 months and 2 years of suspended execution, and the above judgment was sentenced to the same year.

7. 22. A final and conclusive date.

On April 12, 2007, the Defendant issued KRW 4500,000 from the victim the victim C, who opened an Internet advertisement report room at the 2nd room in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), stating that “The Defendant will live in the 4.50,000 square meters for one month without paying separate gas supply charges.”

However, the above studio that the Defendant leased from the lessor had no intention and ability to have the victim reside in the above studio, even if the victim received the deposit from the victim for a period of five days until the expiration date of the lease contract.

Accordingly, the defendant deceivings the victim and obtained 450,000 won by fraud.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement of the police statement regarding C;

1. A complaint;

1. A copy of the contract or a receipt;

1. Before ruling: The reference data of criminal records and the application of statutes governing judgment;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;