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Reasons
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(영문) 수원지방법원 안산지원 2012.01.17 2011고단2600
사기
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In Ansan-si, the Defendant registered his business under the name of his wife F, and operated a panel and a building material rental business under the trade name of "G".

1. Around July 11, 2008, the Defendant: (a) leased 6m pipeline 1500 and 4m pipe 50m pipe from the victim to the victim and kept it for the victim; (b) the victim demanded the Defendant’s wife F to return it around May 2009; (c) even though the Defendant demanded the Defendant to return it by telephone around June 201, 201, the Defendant refused to return it.

2. On March 20, 2009, the Defendant said that “Around March 20, 2009, the Defendant paid monthly rent to the victim by additionally leasing the pipes at KRW 80 per day on each page, and return all the leased pipes upon termination of the lease contract.”

However, due to bad credit standing, the Defendant registered his business in the name of wife F, and had personal debt amounting to 400 million won, and due to such debt, the Defendant did not have the intent or ability to pay rent even if the Defendant leased the building materials, etc. from others, even if the property owned by the Defendant was seized due to the above debt excess of the liability, such as the auction

The Defendant, as above, by deceiving the victim, received from the victim the amount equivalent to KRW 17,60,00 in total of 1,100 pipes, including 6m pipe around March 20, 200, 6m pipe 400 around March 27, 2009, and 6m pipe 300, around April 6, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I;

1. The statement concerning the accused in part of each protocol of examination of suspect (including the cross-examination part) of the prosecution;

1. Statement of the prosecutorial statement concerning I;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of each police statement concerning I;

1. Application of Acts and subordinate statutes on a temporary lease agreement or a report on attachment of each corporeal movable property;

1. Criminal facts;

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