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(영문) 대전지방법원 2015.03.03 2014고단2680
사기
Text

A defendant shall be punished by imprisonment for six 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

On July 23, 2011, at the office of the E Licensed Real Estate Agent in Seo-gu, Daejeon, the Defendant made a false statement to the effect that “A victim G who intends to rent No. 404 of the multi-family house in F, who is currently residing in the current multi-family house, shall be asked about the total amount of the deposit of the lessee who resides in the current multi-family house, and the victim shall not be at least KRW 110 million,00,000,000,000 won under the contract, is not at last.”

However, in fact, the defendant's deposit for the lease of the above multi-family house was KRW 743 billion, and since the right to collateral security amounting to KRW 455 million has already been established, the return of the deposit for the lease of the victim was not secured.

Nevertheless, the Defendant received KRW 11 million from the victim on the same day, and received KRW 99 million from the Defendant’s account around August 26, 201.

Accordingly, the Defendant was given property worth KRW 110 million in total by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

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

1. Each police statement made to G and I;

1. A written statement of I;

1. Application of Acts and subordinate statutes of a written appraisal;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. It shall be decided as per the disposition for the reason of not less than Article 62 (1) of the Criminal Act, such as the suspension of execution (the agreement with the victim and the absence of the same force);

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