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(영문) 대전지방법원 공주지원 2016.04.29 2016고단13
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Southern District Court on July 24, 2015, and the judgment became final and conclusive on September 10, 2015.

【Criminal facts】 Since April 2007, the Defendant managed ten households in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and the second floor multi-family house owned by the Defendant.

On July 19, 2011, at the F Authorized Brokerage Office located in Geumcheon-gu Seoul Metropolitan Government, the Defendant leased the above multi-family house 101 to the victim G for 24 months.

A false statement was made to the effect that “The lease contract will be returned when the lease contract term expires.”

However, in fact, the Defendant was delegated by the owner C of the above building with the monthly payment from KRW 500,00 to KRW 5 million, or was entrusted with the conclusion of a lease agreement with only monthly payment without any deposit, and did not have been entrusted with the conclusion of a lease agreement or a lease agreement with the owner of the above building with the payment of a high-amount deposit. However, the Defendant entered into a lease agreement with the owner of the above building with the owner of the above high-amount deposit as above because of the urgent need to operate the party hall, and there was no intention or ability to return the deposit properly to the victim upon the termination of the lease contract due to the change in special property or income held at the time.

The Defendant received KRW 65 million from the victim G as a deposit for lease, and from March 19, 2008 to May 20, 2013, the Defendant was issued KRW 130,000,000 by deceiving the victims four times in total as shown in the list of crimes in the attached crimes under the same law from March 19, 2008 to May 20, and received KRW 100,000 from all the victims.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each lease contract, receipt, and statement of transactions;

1. A previous conviction in judgment:

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