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Reasons
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(영문) 창원지방법원 진주지원 2016.10.20 2016고정327
사기
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 2015, the Defendant entered into a commercial building lease agreement with the victim C at the Buddhist coffee shop located in the Busan East-dong, Busan-gu, with a deposit of KRW 5 million and KRW 400,000,000 per month.

However, the defendant did not have the intention or ability to pay monthly rent even if he entered into a commercial building lease contract with the victim.

Nevertheless, the Defendant resided in Scheon-si from September 7, 2015 to March 31, 2016, but did not pay monthly rent of KRW 2.8 million to the victim for seven months.

Summary of Evidence

1. C’s legal statement;

1. Application of Acts and subordinate statutes of the sending of the case (including a written opinion and a copy of the police statement against the defendant, No. 22-32)

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant’s assertion and judgment under Article 334(1) of the Criminal Procedure Act

1. The claimant was able and able to pay the alleged monthly rent, but it is merely that the victim did not pay the monthly rent due to the Defendant’s failure to comply with the Defendant’s demand for reduction of monthly rent, and, at any time, may pay the monthly rent whenever a lease contract is entered into with the terms of a reduction of monthly rent.

Ultimately, in the case of the defendant, there is no criminal intent by fraud.

2. Facts of recognition and judgment

A. The facts known by each of the evidence prior to the facts of recognition are as follows.

(1) On January 20, 2014, the Defendant entered into a lease agreement with F, the owner of the second floor E-si, setting a monthly rent of KRW 2.5 million between F and F, the owner of the second floor, on which the Defendant leased KRW 5 million.

The Defendant started to reside in the above house after the conclusion of the above lease contract, but did not pay the deposit amount of KRW 5 million and did not pay monthly rent.

In this regard, F is a few months of deposit and arrears to the defendant over several times.

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