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(영문) 대구지방법원 2014.05.16 2013고단3277
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 12, 2010, the Defendant made a false statement to the victim D that “The Fju points in Daegu Suwon-gu E are entitled to be leased and used normally from the building owner, and if he/she entered into a sublease contract with him/her, he/she may use the building as the main office without any problem for one year during the contract period.”

However, the facts are the summary of the defendant

It seems clear that “from February 2012,” written indictment, “from around February 2012,” which was written in the bill of indictment, is a clerical error in the form of “from February 2010,” there is no fact that a lease contract was concluded with G as the owner of the main place, and the rent was not paid at time.”

G was demanded to leave the building from the building on account of the delinquency in rent, etc., and as such, there was no consent or consent from G with respect to the above sub-lease contract, the victim must do so.

There was no intention or ability to perform the sub-lease contract.

Defendant is the victim and the need to do so.

A sub-lease contract with a deposit of 20 million won for a sub-lease and 2.7 million won for a monthly rent was entered into and received 2 million won as a down payment in tin, and around May 19, 2010, 207 million won was received in total as a deposit and a monthly rent.

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

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement regarding D;

1. Application of investigation reports (to building owner witness G and telephone conversations), complaint forms, contract forms, copies of contract documents, details of transactions, and Acts and subordinate statutes governing specifications;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Although the defendant did not agree with the victim on the reason of sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below), the fact that the defendant led to confession and reflects the fact of the crime.

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