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(영문) 서울남부지방법원 2016.08.24 2016고단3141
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 14, 2014, the Defendant against the victim C, in the vicinity of the Defendant’s residence of the three-story residential household located in Yeongdeungpo-gu Seoul Metropolitan Government D, and the victim C residing in the same Dongdong located in the same Dongdong on the same date, “The existing lessee’s family living in the third floor of Korea will immediately move to the director, and will lend the three-story term to the Defendant.

Instead, it made a false statement to the effect that the deposit for the lease on a deposit basis is KRW 40,000,000, and that it would first demand KRW 20,000,000 among them.

However, in fact, the defendant is only the spouse under the law of E, the owner of the third floor house located in Yeongdeungpo-gu Seoul Metropolitan Government D, and did not have any particular right to the above house, and did not have been made in advance with the above E. Thus, even if he received the deposit for the lease of the above house from the injured party, he did not have any intention or ability to allow the injured party to reside in the above house as a whole after concluding a valid lease contract with the injured party.

Nevertheless, the defendant deceivings the victim as above and took over KRW 20,000,00 from the victim, that is, from the victim, to the post office account (F) in the name of the defendant, as the deposit money.

2. On January 12, 2016, the Defendant against the victim G was at a mutually influent net house located in Yeongdeungpo-gu Seoul Metropolitan Government H on January 12, 2016, and the victim G residing in the same Dongdong located in the same Dongdong. “The existing lessee’s family living in the third floor of our house will immediately move to the director, and will lend three stories to the party.

A false statement was made to the effect that the lease deposit amount is KRW 39,000,000 and the contract deposit is KRW 3,000,000.

However, for the same reason, the Defendant did not have any intent or ability to allow the victim to reside in the said house as a whole, even if the Defendant received a lease contract for the said house from the damaged person, by concluding a valid lease contract with the victim.

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