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(영문) 의정부지방법원 고양지원 2016.09.02 2016고단1826
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 1, 2012, the Defendant concluded a lease agreement with the Defendant to lease the above apartment unit No. 107 Dong 203, 1500,000,000 won owned by the Defendant to the victim D for two years at the office located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, with the deposit of KRW 107 Dong 203,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

However, the Defendant had no particular property or income at the time, and was not capable of paying interest on obligations to the above national bank. After receiving money from the victim as the name of the lease deposit, the Defendant did not pay the interest, and was thought to escape after making a false move-in report. Therefore, there was no intention or ability to prevent voluntary auction based on the right to collateral security of the national bank, and there was no intention or ability to return the lease deposit to the victim.

After entering into a lease contract with the victim for the above apartment, the defendant 1 million won from the victim on March 1, 2012 as the down payment;

3.2.4 million won as down payment;

3. 4. A separate delivery of KRW 10 million as the additional down payment, and received KRW 140 million as the remainder on March 30, 2012.

In this respect, the defendant deceivings the victim and obtained 1550 million won as the deposit money for lease.

Summary of Evidence

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

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to details of filing of a complaint, pre-paid contract, certified copy of register, and auction case;

1. Circumstances unfavorable to the reasons for sentencing under Article 347(1) of the Criminal Act, which relate to the pertinent criminal facts and Article 347(1) of the choice of punishment: The occurrence of substantial damage to the victim who could not recover the deposit of lease, but the recovery of actual damage.

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