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(영문) 대전지방법원 서산지원 2016.08.30 2016고정156
사기
Text

1. The sentence against the accused shall be 2,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 10, 2015, the Defendant made a false statement to the victim D, “The Defendant’s “C Office” operated by the Defendant in Jin-si, Jin-si, (hereinafter “C Office”), stating that “The Defendant’s apartment in the inside of the apartment shall be reduced to KRW 70,000 to KRW 70,000,000.”

However, in fact, when the defendant was living in Jinjin-si, the E apartment 110 Dong 1102 is owned by the mother-friendly F, not by the defendant, and the defendant did not have been delegated by the above F to the third party with the authority to set up the above apartment, and there was no prior consent, and it was thought that the defendant would use the apartment as a project fund for the shortage of money received from the injured party, so even if he was paid the money from the injured party, the victim did not have the intention or ability to set up a right to lease on a deposit basis for

Nevertheless, the Defendant, as seen above, by deceiving the victim and deceiving the victim, received a total of KRW 52 million from June 1, 2016 to June 18, 2016 from the victim to the account transfer to the account as a deposit money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a certificate of all matters to be registered, a certificate of borrowing, a process certificate, and a new bank transfer confirmation certificate;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act of the choice of punishment, and the selection of a fine (the initial crime

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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