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(영문) 부산지방법원 2015.09.17 2015고단5002
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 20:00 on September 27, 2013, the Defendant entered into a lease contract with the victim as “from September 27, 2013 to March 15, 2015, 300,000 won, deposit money, and KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

However, on August 19, 2013, the Defendant was released from the prison of Busan on the ground that there was no certain occupation or income at the time of release from the prison (from May 31, 2013 to August 19, 2013) and did not have any specific property, and thus, even if concluding a lease contract, there was no intention or ability to pay a normal deposit and a monthly rent.

Nevertheless, as above, the Defendant, by deceiving the victim and using the above three-story lease.

Accordingly, the Defendant, as seen above, obtained the said third floor housing by deceiving the victim, and used from around that time to around March 2015, and did not pay a total of KRW 7,400,000,000 for the deposit and monthly rent of the said housing, thereby acquiring property benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 347(1) of the Criminal Act’s choice of punishment, and selection of a fine (the commission of the instant crime even though there were many criminal records committed by the Defendant, considering all the circumstances, such as the fact that there was no substantial amount of damages inflicted on the victim, and that the victim was detained in prison for one month, and that his mistake is pened and reflected in depth)

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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