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(영문) 수원지방법원 여주지원 2017.04.14 2016고단876
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On September 23, 2015, the Defendant was sentenced to eight years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court (Seoul High Court) and the said judgment became final and conclusive on December 11, 2015. On January 15, 2016, the Seoul Central District Court sentenced one year of imprisonment for a crime of fraud at the Central District Court, and the said judgment became final and conclusive on June 23, 2016.

[2] On July 25, 2014, the Defendant entered into a real estate lease agreement with the victim and the above 201 won, without giving any notice as to what is the nominal owner of the said 201, when the victim E was the owner of the said 201, under the name of another person, who owns the said 201, and without giving any notice as to what is the nominal owner of the said 201.

However, the above 201 was a co-owned property owned by the owner of F and his children, who are sentenced to the punishment of the defendant, and the defendant did not have any specific contact with F, and there was no right to dispose of the defendant's ownership or above real property.

The Defendant was granted KRW 80,000,000,000,000 around July 25, 2014, and KRW 70,000,000 around August 14, 2014, from the victim as security deposit.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Statement made by the police for E;

1. A real estate lease agreement and a certificate fully registered;

1. Previous convictions in the judgment: A reply to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions of each disposition, and investigation reports (report attached to the judgment of the court below) / [The Defendant: (a) disposed of and prepared the land in which the Haba 201, which is the object of the real estate lease contract of this case (hereinafter “the instant loan”) was the object of the instant real estate lease contract, and (b) purchased the land in his own possession of KRW 50,000,000 borrowed from this Ha and thus, has the right to dispose of it under the name of his/her own name.

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