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(영문) 서울남부지방법원 2018.06.25 2017고단182 (2)
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 25, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence on December 5, 201.

[Criminal facts] The Defendant was using a vehicle siren from A, but did not pay a siren fee properly.

Therefore, the fact that A is urged to pay the rental fee is that the defendant does not have the authority to dispose of the above building in Bupyeong-gu Incheon Metropolitan City, but has the authority to dispose of the above building, and it is suggested that A lease the second floor of the above building to A and appropriate it to pay the rental fee for the rental fee. On May 6, 2013, A agreed to lease the victim B from the PJ real estate near the Choyang-gu, Annyang-gu, the Mangyeong-gu, the Mangyeong-gu, the Mangyeong-gu, the Mangyeong-gu, the Mangyeong-gu, the Mangyeong-gu, the Mangyeong-gu, the Mangdong,

After that, on May 9, 2013, the Defendant is the owner of buildings in the subparagraphs of Bupyeong-gu Incheon Bupyeong-gu CKL and CM at the rental car office operated by A located in Yangcheon-gu Seoul Metropolitan Government D.

If the purchase price of the right of lease is paid, A will consent to take over the right of lease.

“A false statement was made to the effect that it was “.”

However, the actual owners of the above Incheon Bupyeong-gu CKL and CM were CN, and the defendant did not have any intent or ability to transfer the right to lease of the building even if he did not receive money from the damaged party because the right to dispose of the building was entirely nonexistent.

On May 6, 2013, the Defendant: (a) by deceiving the victim; and (b) had the victim enter into an agreement with A to transfer the right to lease of the said building; (c) received KRW 5 million from the victim via A as the down payment; and (d) KRW 35 million from May 9, 2013 as the remainder payment.

Summary of Evidence

1. Statement made by the witness B in the seventh public trial records;

1. Protocols concerning the examination of suspects A by the prosecution;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. A copy of each real estate lease agreement;

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