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(영문) 수원지방법원 2016.06.02 2015고단5091
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, along with the mother C, was aware of the high-quality loan located in the city of tolerance that the family members of the Defendant were living. On February 3, 2015, the term of lease at the E real estate brokerage office located in the wife population D was introduced as follows: (a) the terms and conditions of the lease are KRW 300 million; (b) the monthly rent of KRW 3 million; and (c) the victim F-owned “G building 14 (Simop Ha)” owned by the Defendant F.

In fact, the Defendant and C did not have a clear guarantee that 300 million won is able to actually prepare the deposit by February 28, 2015, and even if the Defendant and C were to have been urged to borrow it from a pastor, they were concealed by the victim. The amount of guarantee can be paid in February 28, 2015, and the Defendant and C can receive monthly subsidies from the company accompanying I (the husband of the Defendant).

The victim was accused of the victim by committing an act as if the victim had sufficient capability to pay 300 million won and monthly rent of 3 million won, such as making a false statement.

On February 3, 2015, the Defendant: (a) concluded a lease agreement with the victim and the victim regarding “G building 14” as the lessee; (b) the victim as the lessor; (c) the deposit amount of KRW 300 million; (d) the monthly rent of KRW 3 million; and (e) paid KRW 3 million as the contract deposit amount from February 11, 2015 to February 11, 2017; and (c) obtained property benefits worth KRW 15 million as the monthly rent of KRW 5 months, since the Defendant occupied the said house on February 12, 2015 and paid the down payment by the first month from February 12, 2015 to July 29, 2015.

Accordingly, the defendant, in collusion with C, inducedd the victim and acquired pecuniary benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the witness J;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Application of the law of the police statement protocol to F;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and:

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