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(영문) 인천지방법원 2019.09.27 2019고정1145
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 23, 2018, the Defendant issued a monthly rent contract in which KRW 15 million was stated as security deposit, to the effect that “I will faithfully repay the rent deposit amount of KRW 9 million out of KRW 15 million among the rent deposit amount of a building residing in the building residing in the Republic of Korea,” by telephoneing the victim C, and the victim D, and that “I will faithfully repay the rent deposit amount of KRW 6 million out of KRW 15 million.”

However, in fact, the contract issued by the defendant was forged and the defendant had no intention or ability to offer the lease deposit amount of KRW 9 million as security even if he/she borrowed KRW 6 million from the victim because he/she had taken the monthly income of KRW 3 million.

The Defendant, as such, by deceiving the victim, received KRW 6 million from the victim on January 23, 2018 as a loan.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. A cash loan contract, a monthly rent contract, a lease deposit transfer contract, an additional agreement, a notice on the transfer of lease deposit, a notice on the transfer of lease deposit, a details of loan repayment, and a certificate of deposit transaction

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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