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(영문) 부산지방법원 동부지원 2016.04.22 2015고정888
사기
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who has operated an office with the trade name of “C” in the third floor of the building in Suwon-gu Busan Metropolitan City B, 301.

The defendant knew that the victim D(the age of 53) leased the three floors of the above building and tried to perform funeral services, and received premiums from the injured party. On September 3, 2012, the defendant would give 301 lease contract, as the owner of the building, to the victim's house located in Suwon-gu, Busan, with the victim's office located in the victim's house located in Suwon-gu, Busan, for operating his business on the third floor of the B building.

In order to transfer the right to use 1/2 of the 3rd floor, the author made a false statement to "the amount of 15 million won premium".

However, there was no intention or ability to perform the premium even if it is received from the injured party.

As such, the Defendant, by deceiving the victim, was given the victim a delivery of KRW 15 million as premium in the same place.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

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

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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