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(영문) 서울북부지방법원 2016.01.13 2015고단4047
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From June 21, 2013, the Defendant had resided in Songpa-gu Seoul Metropolitan Government B 501, and the above building was the workplace of the Defendant.

C entered into a lease contract with the victim D, the owner of the building around June 21, 2013, with a deposit of KRW 50,000,000,000 monthly rent of KRW 650,000.

On December 20, 2013, the Defendant, at the F Real Estate Office located in Songpa-gu, Songpa-gu, Seoul around December 20, 2013, committed as if the Defendant had the right to the said lease agreement as the wife C, and stated that “C, the husband, has caused the Plaintiff to go to the Gyeong-gu Port, and thus, would return the deposit if the victim moves to another person.”

the monthly rent of KRW 1,00,000,000,000 to other persons; and

The defective phrase “a defect in the lease contract in the name of the bad credit holder” was the false phrase “a defect in the lease contract under the name of the bad credit holder.” As to the above 501 house, the lease contract was concluded between the victim and the above 20 million won and the monthly rent of KRW 1 million.

However, in fact C was not the spouse of the defendant, and there was no plan to move to the area, such as the Gyeongbuk Port, and there was no authority that the defendant was delegated by C with respect to the housing lease agreement of the above 501.

On December 20, 2013, the Defendant, by deceiving the victim, received KRW 30 million from the injured party and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. The applicable legal provisions for criminal facts, Article 347(1) of the Criminal Act for the selection of punishment, grounds for [the scope of recommendation] for sentencing of imprisonment [the scope of recommendation] general fraud (one to two years and six months) [the scope of special aggravation] where serious damage is inflicted on the victim, the scope of sentencing comparison between punishment and recommended punishment: one year to two years (decision of sentence]. The defendant shall be KRW 30 million.

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