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(영문) 춘천지방법원 2013.10.08 2013고단527
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On December 6, 2011, the Defendant made a false statement to the victim D that “Yak field located in Yang-gu, Gangwon-do, and six parcels outside Gangwon-do, to lease to KRW 6,000,000 for rent for one year.”

However, in fact, the dry field owned by E, and the defendant did not have any intention or ability to lease the dry field to the victim even if he was paid rent from the victim because it was not delegated by the above E with the right to lease the dry field.

The Defendant, as above, by deceiving the victim as above, received KRW 6,00,000 from the victim as rent around December 6, 201.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Each police statement made to D or F;

1. Each investigation report (in relation to the confirmation of the owner of the land lease contract, the attachment of the farmland lease contract, the submission of reference materials to the complainant, and the report);

1. Complaint;

1. Application of Acts and subordinate statutes to a farmland lease contract, a copy of a receipt, a full certificate of registered matters, a copy of a farmland lease contract, a copy of a farmland lease contract, a copy of a loan certificate, a lease contract (I), a statement summary, and a land ledger;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Determination on the defendant and his/her defense counsel's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of the workhouse

1. The defendant and his/her defense counsel asserted that the defendant and his/her defense counsel did not lease the two-gun C and six parcels to the victim on December 6, 2011, and that they did not constitute a crime because they were merely received 6,00,000 won under the name of rent from January 1, 2011 to December 31, 201 with respect to H farmland after leasing the five parcels outside of H in Yang-gun, Yang-gun, Yang-gun around December 201.

2. According to the evidence in the summary column of the evidence prior to the determination, the fact that: (a) around March 6, 2010, the Defendant agreed to lease the two-gun and five parcels of land outside H to the victim at KRW 3,000,000 per annum from March 6, 2010 to December 30, 201; and (b) received KRW 3,000,000 for the annual rent for the year 2010 on the day.

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