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(영문) 수원지방법원 2017.04.28 2017고단155
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to one year of imprisonment for fraud, etc. in the Suwon District Court on October 5, 2016, and the judgment became final and conclusive on February 10, 2017.

[Criminal facts] "2017 Highest 155"

1. On August 16, 2008, the Defendant entered into a lease contract with the victim M on the ground that “A lease contract is concluded because it is an apartment owned within a registered trust in the name of another person, inasmuch as it is owned within a registered trust in the name of another person.” The Defendant entered into a lease agreement with the victim M on the deposit amount of KRW 43 million on the above apartment.”

However, the fact that the defendant was not the actual owner who trusted the above apartment in the name of the owner of the apartment, and was not delegated by R of the owner of the apartment.

In the indictment on August 17, 2008, the defendant belongs to the victim M as above and is written as the name of deposit money from the victim M on August 17, 2008, but it is apparent that it is a clerical error in the statement of " August 17, 2008", and the defendant recognized the same fact by an investigative agency (the page 63 page of the evidence record), and even if it is corrected without changing the indictment, it does not seem to have a substantial disadvantage in the exercise of the defendant's right to defense. Thus, it shall be corrected ex officio.

The remittance was received respectively on September 5, 2008, KRW 40 million, and KRW 39 million on September 5, 2008.

2. On September 10, 2008, the Defendant entered into a lease agreement with the victim S on September 10, 2008, stating that “Inasmuch as it is an apartment owned within a trust in the name of another person, it would be possible to enter into a lease agreement.” The Defendant entered into a lease agreement with the said apartment amounting to KRW 38 million on the said apartment.”

However, the fact that the defendant was not the actual owner who trusted the above apartment, but the owner of the apartment was delegated by U.S. to conclude the lease contract.

The defendant.

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