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(영문) 수원지방법원 2015.01.21 2014고단6439

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around January 20, 2010, the Defendant: (a) at the D Licensed Real Estate Agent Office operated by the D Licensed Real Estate Agent Office operated by the C in the wife population B; (b) as if he had the authority to enter into the said housing lease agreement even though he did not have been delegated by F, the owner under Article 503 of the F, the wife population E, the owner of the above housing; and (c) he was aware of KRW 30,000,000 on the same day as the lease deposit, after concluding the lease agreement with the victim G; and (d) obtained the said amount as KRW 10,000,000 on the same day as the lease deposit, and obtained it from the victim on February 23, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Studio rental contract;

1. Court rulings;

1. Application of Acts and subordinate statutes to certificates of deposit transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act: (a) of the Act on the Suspension of Execution [type of crime] - Type 1 of general fraud committed by fraud group - element of mitigation of the amount of profit (special person who is less than 100,000,000 won] - The area of mitigation of punishment [area and scope of recommended punishment] - The area of mitigation of imprisonment [area of sentence] - 1 year of suspended execution of April 1 year [decision of sentence] - The above sentencing person and the defendant recognized their mistake - The above sentencing person and the defendant