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(영문) 창원지방법원 마산지원 2014.10.15 2014고단828
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From around 2008, the Defendant operated the office of “D Licensed Real Estate Agent” of the Seo-gu Incheon Seo-gu Incheon Metropolitan Government 1st floor from around 2008, and has been delegated by P, the owner of O apartment 1 Dong 402, Seo-gu, Incheon, to manage the above real estate by managing the building, concluding a monthly rental agreement, and receiving monthly rent.

On June 23, 2009, the Defendant, at the above D Licensed Real Estate Agent Office, concluded a lease agreement with the victim Q Q and the above apartment, and showed the same attitude as delegated by P, a building owner, to the victim.

However, in fact, the defendant was delegated with the authority to conclude a monthly rent rental contract from P, and there was no authority to conclude a monthly rent contract with the victim.

Nevertheless, the Defendant, by deceiving the victim as above, obtained a sum of KRW 42 million from June 24, 2009 to July 20, 2009 from the victim to the victim’s deposit money, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Qua’s accusation Acts and subordinate statutes

1. Relevant legal provisions for facts constituting an offense and the reasons for sentencing under Article 347(1) of the Criminal Act (the scope of recommending punishment): General fraud (the amount less than 100 million won) and basic area (six months to one year and six months): No person shall be sentenced to a sentence (the decision of sentencing): Six months (unagreement, etc.) of imprisonment;

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