logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.10.23 2017고단3722
사기
Text

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

Reasons

Punishment of the crime

From March 2009, the Defendant has been delegated with the signing of a contract with the tenants for multi-household housing buildings of the fourth floor located in the Do of the Government, the ownership of women from the Sinnndo from March 3, 2009.

At around December 30, 2014, the Defendant entered into a lease contract with the F Authorized Broker Office located in E as the agent of the above C, with respect to the victim G and the above multi-household 103, with a deposit of KRW 1.5 million KRW, monthly rent of KRW 1.5 million, and with respect to the above multi-household 103, around June 1, 2015, the Defendant entered into a lease contract with the victim for KRW 10 million in relation to the above multi-household 103, with the victim and the above multi-household 103, and decided to substitute the previous monthly rent of KRW 1.5 million as part of the above lease deposit.

However, in fact, the defendant will conclude a contract with C on condition that C will receive monthly payment without receiving a security deposit as to the above 103.

In other words, even if the victim received the deposit from the injured party, it was a plan to use it for personal debt repayment or living expenses.

The Defendant received from the injured party a remittance of KRW 1.5 million, including KRW 1.5 million around December 30, 2014, and KRW 8.5 million around June 1, 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol;

1. Application of each of the Acts and subordinate statutes stated in each house lease contract, receipt, transfer result of our bank, investigation report (C telephone statement hearing);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing choice of sentence [the scope of applicable sentences in law] 10 years or less of imprisonment [the determination of types] : (a) fraud: (b) fraud of the general fraud among the group of fraud crimes (based on the sum of gains) / [the scope of recommended sentences] fraud: Performance of KRW 520,000 (decision of sentence] imprisonment with prison labor for the basic area; one year and six months from June to June; and one year and six months (general person subject to sentencing): A confession of a crime by the defendant for two months.

arrow