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(영문) 수원지방법원 성남지원 2015.05.08 2015고정195
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 16, 2014, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on January 8, 2015.

The defendant and the defendant's wife C borrowed money from the victim D, and the victim demanded the security, provided a house lease contract previously resided as security and received money.

Defendant

In 209, the husband and wife requested the return of the lease deposit from E due to the expiration of the lease term of E, a lessor of the previous residence, and the return of the lease deposit from E’s house to another place. However, around August 13, 2009, the husband and wife requested H, an agent of the victim before “G” located in Songpa-gu Seoul Metropolitan Government F, to lend money when issuing the real estate lease contract stating the lease term of E as until December 20, 209.

In collusion with C, the Defendant, as the husband and wife of the Defendant had the claim to refund the lease deposit amount of KRW 20 million against E on the same day, by deceiving the Defendant to obtain KRW 5 million from the victim as a loan, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The first police interrogation protocol regarding C:

1. Statement made to D by the police;

1. A copy of the real estate lease contract or a certificate of borrowing money;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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