사기
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant, from May 2008, engaged in the real estate brokerage business under the trade name of “D real estate” on the Suwon-si C lending 2, and has been in charge of the sale and purchase buildings owned by E in Suwon-si from May 2008.
On March 2012, the Defendant entered into a lease agreement with the victim G on behalf of the owner E with respect to the F Building 201, wherein the amount of deposit for lease KRW 43 million is KRW 43 million.
However, as to the above 201 subparagraph E, the Defendant did not have obtained the power of representation regarding the conclusion of the lease agreement, and was not delegated with the authority to receive the deposit. Therefore, even if the Defendant received the deposit from the injured party, he did not have the intent and ability to return the deposit after the termination of the lease agreement.
Nevertheless, the Defendant, as if he had the right of representation regarding the lease contract under the prompt name, deceiving the victim, delivered 4 million won in cash from the victim under the name of the contract deposit at around that time, and acquired 39 million won in total from the Defendant’s bank account in the name of the remainder deposit on March 6, 2012 and acquired 43 million won in the name of the national bank account under the name of the Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. Witnesses G and E respective legal statements;
1. Account transactions;
1. Kakao Stockholm data (in particular, on December 19, 2012, on December 56, 2012, on the investigation records, around 3:30 on December 19, 2012, the Defendant concluded a monthly tax agreement with E regarding 201.
The application of Acts and subordinate statutes shall be sufficiently known.
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant actively deceivings E and the victim to commit the crime, and the victim did not endeavor to recover damage even in his name at KRW 21 million.