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(영문) 인천지방법원 2013.11.14 2013고단1549
사기
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On July 6, 2012, the Defendant concluded a lease agreement for the lease of the above conference to the victim D on July 6, 2012, the Defendant concluded a false statement to the effect that “The Defendant would return the deposit if the deposit is not cancelled by July 20, 2012.”

However, at the time, the above telecom was set up a right to collateral security equivalent to KRW 1.95 billion in the name of the bank, and the Defendant was in arrears with interest on the above loans from March 2013. Since the financial difficulties have occurred due to the failure to pay a considerable amount of debt to G, who is a person entitled to the right to claim for ownership transfer registration of the above telecom, and even if receiving the lease deposit from the victim until July 20, 2012, there was no intention or ability to cancel the loans and provisional registration set up in the above telecom, or to return the lease deposit received from the victim normally.

Nevertheless, the Defendant, by deceiving the victim as such, received a total of KRW 200 million from the victim, including KRW 20 million on July 6, 2012 and KRW 180 million on July 10, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Partial statement of the witness H in the court;

1. Some statements concerning the accused in the police and the suspect examination protocol by the prosecution;

1. Each police statement made to D or I;

1. A certified copy of the register, a real estate lease contract, and a certificate;

1. In the instant case, the Defendant and the defense counsel merely concluded a lease agreement with the belief that it is possible to cancel a provisional registration from H, on the grounds that the investigation report (G telephone conversations, such as bank, etc.), investigation report (including telephone conversations, etc.), investigation report (case of telephone conversation by the director of the National Bank J of the National Bank), and that the Defendant did not deceive the victim or received a lease deposit with such intent.

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