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(영문) 광주지방법원 순천지원 2017.08.31 2016고단2343

사기

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

On February 2, 1998, the defendant, who was married with C around February 2, 1998, was missing in the beginning of the beginning of 2000 and was in fact in a divorce relationship with C, using the fact that the marriage report with C was made, the defendant used the fact that C had been in a marriage relation with C, and used the fact that C had been in a marriage relation with other siblings and siblings, the defendant did not have any authority with respect to the establishment of the right to lease on a deposit basis with C in relation to E apartment 213 Dong 106.

On January 18, 2011, the Defendant would give the victim H a right to lease on a deposit basis with respect to the said apartment at G Private Institutes located in F at F at F at F at F at F at F.

The phrase "It is not clear that apartment is in the name of the denial," and the phrase was false.

However, in fact, the defendant was in fact divorced with C at the time, and the owner or manager of the above apartment is not the owner or manager of the above apartment, and therefore there was no intention or ability to establish a right to lease on a deposit basis.

The Defendant received from the injured party a deposit of KRW 10 million out of the deposit of KRW 11,00,000 from tin, and had the victim transfer the deposit of KRW 10,000 to the person having the right to lease on a deposit basis. On July 3, 2012, the Defendant received an additional deposit of KRW 4,00,000 from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A copy of a loan certificate, a copy of a text message to cut down, a certificate to be registered, and a real estate trade contract;

1. Application of Acts and subordinate statutes to marriage-related certificates and record books;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the victim’s damage has not been recovered, and that the defendant can have the same criminal records, etc. that are disadvantageous to the defendant.

However, the defendant concludes the above apartment rental contract on behalf of the owner of the apartment for a considerable period.