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Reasons
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(영문) 서울중앙지방법원 2013.03.11 2012고정4844
사기
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 4, 2008, the Defendant made a false statement to the victim D in Pyeongtaek-si C, stating that “The Defendant would rent the F building of 50.83 square meters at 50.83 square meters at the 1st floor in Gyeonggi-si E, thereby making a deposit in advance.”

However, even if the deposit is received, there was no capacity or intention to lease the above building.

As such, the Defendant, by deceiving the victim, received money of KRW 7 million from the victim as a security deposit, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D's legal statement, witness G and part of H's legal statement;

1. Statement made to D by the police;

1. A specification of transactions;

1. The application of Acts and subordinate statutes to receive and report a copy of the real estate lease contract from G, who is the complainant's child;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following circumstances acknowledged by the record of this case for conviction under Article 334(1) of the Criminal Procedure Act, namely, ① the Defendant leased the building of this case from H on November 23, 2006 with a deposit of KRW 3 million and monthly rent of KRW 3 million, but up to the time of this case, the Defendant paid KRW 2 million out of the deposit and did not pay the remainder deposit and monthly rent. ② As a result, the Defendant appears to have been unable to sublease the building of this case normally to the victim, etc. unless the Defendant settled the obligation to pay to H at the time of this case, and ③ Nevertheless, the Defendant did not notify the victim of the fact that the Defendant had the obligation to repay the obligation to H and without obtaining the consent of H on November 23, 2006 without notifying the victim of the fact that the Defendant had the obligation to sublease the building of this case as KRW 1,300,000,000 and KRW 30,000,00,000.

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