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(영문) 수원지방법원 2015.10.22 2015고단2386
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who has been delegated with the authority of the tenant D in Suwon-si, Suwon-si, and actually managed and operated the above telecom.

On April 2014, the Defendant made a false statement to the victim E, who became aware of a real estate broker’s introduction of the real estate broker, to the effect that “on the face of KRW 100 million to whom the sub-lease was actually operated, the Defendant would have the subcontractor sub-let the above telecom to him/her on behalf of the lessee D. D with the maturity of D’s telecom lease agreement extension on November 30, 2014, and that D would allow D to continue to operate the telecom even after the said period.”

However, in fact, the Defendant had a total of KRW 85 million at the time, and there was almost no income from the Defendant to immediately use the money received from the victim for repayment of his personal debt, so D had no intention to inform the victim of the conclusion of the sub-lease contract with the victim to extend the period of the sub-lease.

As such, the Defendant, by deceiving the victim and deceiving it from the victim on April 11, 2014, to account in the above D’s name, used by the Defendant as of April 11, 2014, to KRW 20 million in the name of contract deposit out of the sublease deposit.

5.7.Receipt 80,000,000 won as the remainder of the deposit for the sub-lease.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes in a written complaint, written contract, and written confirmation of transactions;

1. The reason for sentencing [the scope of recommending punishment] of Article 347(1) of the Criminal Act related to criminal facts and Article 347(1) of the choice of punishment [the meaning of recommending punishment] of general fraud [the scope of punishment] of types 2 (at least KRW 100,00,000 and less than KRW 500,00) and the basic area (one-year and four years) [the decision of sentencing] [the defendant has agreed with the victim.]

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