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(영문) 서울북부지방법원 2018.11.23 2018고단2861
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who operated D from the Gwanak-gu Seoul Special Metropolitan City building C and the first underground floor.

The defendant around August 18, 2016, in the above D around August 18, 2016, "I will give 1.5 million won per month when I pay 50 million won as security deposit.

“The phrase “ was false.”

However, the defendant had already completed a lease contract with E on June 28, 2016 with respect to the above D's sugar land, so even if he received money from the injured party, he did not have the intention or ability to lease the 1.5 million won per month and to pay the 1.5 million won per month.

Nevertheless, the Defendant received from the injured party a remittance of KRW 5 million from August 19, 2016 to the G bank account in the name of F, and KRW 45 million around August 22, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Indicating each part of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement of each part of the protocol concerning the examination of the suspect of the second and third police officers, as to the defendant (including the part concerning B and H replacement);

1. A protocol concerning the examination of each police suspect against I or F;

1. Statement made by the police against B;

1. An investigation report (Submission of a contract for lease of real estate, promissory note, business report, etc. by a witness);

1. Investigation report (related to telephone investigation by a witness);

1. Investigative reports (to hear statements from relevant witnessesJ);

1. Investigation report (related to the number of employees working at the house);

1. A report on investigation (to hear statements made in D sugar as soon as possible);

1. A real estate lease agreement;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing of Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (in cases where the scope of liability for compensation is unclear and it is not reasonable to issue an order for compensation in criminal proceedings) is that the defendant recognized the crime of this case, and that the victim paid KRW 10 million to the victim.

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