(영문) 수원지방법원 안양지원 2012.09.12 2012고단113

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(영문) 수원지방법원 안양지원 2012.09.12 2012고단113

사기

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2008, the Defendant entered into a sub-lease contract with the victim D on the part of the beauty room in the above wedding hall in Jongno-gu Seoul Jongno-gu, Seoul on August 29, 2008. The fact was that the above wedding hall lease term was until June 30, 2008, and therefore, the renewal of the contract with the lessor was unclear as to whether it was a sub-contract with the lessor was made or not. In addition, since provisional attachment was made for KRW 280 million out of the lease deposit, it was difficult to operate the wedding hall and 300 million out of the lease deposit, which made the victim use of and benefit from the part of the beauty room in the above wedding hall during the sub-lease period and did not have the intent or ability to return the sub-lease deposit after the expiration of the sub-lease period, and then the sub-lease was obtained from the victim about August 29, 200 and returned the sub-lease deposit after the expiration of the period.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A protocol of examination of partial suspect against the defendant (including D's statement);

1. A copy of each prosecutor's protocol of examination of part of the defendant against the defendant (including the F statement);

1. Each police statement of E and D;

1. A sublease contract, cash storage certificate, lease contract, or a copy of each decision; and

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment, as well as punishment once a fine, considerable damage has been restored and it seems possible to recover the remainder of damage, circumstances leading to the commission of a crime, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제347조 제1항

유사 판례

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