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(영문) 인천지방법원 부천지원 2016.04.01 2015고단3034
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 2015, the Defendant, at the office located in Geumcheon-gu Seoul, Geumcheon-gu Seoul Metropolitan Government (U.D.) D in Geumcheon-gu, said that “A lease agreement was made between the lessor F and the lessee (Defendant) on the KRW 100 million on the 2nd G 100,000, Seocheon-gu Seoul Metropolitan Government, stating that “A lease agreement was made between the lessor F and the lessee (Defendant) and that “A is not known about the loan as the deposit is certain.”

However, there was no KRW 100,000,000, since the above lease contract was made by falsity between the defendant and F.

Nevertheless, on February 3, 2015, the defendant deceivings the victim as above and acquired 20 million won from the victim to the corporate bank account in the name of the defendant on February 3, 2015.

2. On February 11, 2015, the Defendant indicated that “Around 11, 2015, the Defendant borrowed KRW 0,000,00,000 and did not know about the loan, as the deposit is certain, to the victim H.” as the Defendant displayed the lease agreement as referred to in the foregoing paragraph 1.

However, there was no KRW 100,000,000, since the above lease contract was made by falsity between the defendant and F.

Nevertheless, the defendant deceivings the victim as above and obtained 5 million won from the victim to receive 5 million won on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Each statement of E and H;

1. Application of Acts and subordinate statutes on each real estate lease agreement;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Imprisonment);

1. Unfavorable factors of sentencing, such as the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes, where the sum of the amount obtained by deception due to the instant crime is up to 25 million won, and the victims are punished, and the Defendant reflects his fault.

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