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(영문) 수원지방법원 2014.11.26 2014고단2148

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 15, 2012, the Defendant made a false statement to the effect that “The instant officetel lease period remains for at least one year, and the said officetel owner’s permission to use the said officetel for at least three months, and the price for such use is changed to KRW 15 million,” at the (main) D office for the Defendant’s operation of Yeongdeungpo-gu Seoul Metropolitan Government CAdong 3203.”

However, the Defendant did not permit the owner of the above officetel to sublet the above officetel to a third party. At the time, the Defendant did not have any intention or ability to allow the above officetel to be used for three months even if the said officetel was requested by the owner of the above officetel to sublet the above officetel, and the Defendant did not pay rent and management expenses.

The defendant was given 15 million won from his seat to his seat under the pretext of rent.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the contract, monthly rent contract, details of monthly remittance, management expenses, delinquency in payment of management expenses, and performance note;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;