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(영문) 대구지방법원 2013.05.16 2012고단6484
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 28,800,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

Around 21:30 on June 20, 201, the Defendant made a false statement to the effect that “The Defendant would not be able to draw up the deposit even if concluding a sub-lease contract with the Defendant, because the current rental apartment deposit was paid in the state of payment of KRW 30 million” to the victim B, who was found to conclude a sub-lease contract with the Defendant, around 21:30 on June 20, 201.

However, the apartment deposit was not KRW 30 million, but KRW 28.5 million, and the defendant was provided as collateral by the community credit cooperatives. In addition, the defendant had a debt equivalent to KRW 35 million in various financial institutions, and there was no particular property, so even if he received the deposit from the victim, he did not have the ability to return it.

As above, the Defendant, by deceiving the victim and deceiving him/her from the victim on June 24, 201, is an erroneous entry of KRW 3 million in the indictment in 2011, and “2012.” as stated in the indictment in 2011, is an erroneous entry of “201.”

7.8.27 million won has been each given.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (verification of suspect A's property matters);

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

1. The reason for sentencing of Article 25(1), Article 31(1), Article 31(2), and Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence (a security deposit of KRW 30 million shall be the monthly rent and management fee of KRW 1.2 million) is that the defendant, as stated in the judgment, is in a personal rehabilitation procedure, by deceiving the victim with a total of KRW 30 million from the victim, making it difficult for him/her to take advantage of his/her obligation or cost of living, thereby causing the victim's suffering from difficult circumstances, and the crime is considerably poor, and there is no effort to recover the damage at all, even though the victim caused serious damage to his/her home, and no effort is made to recover the damage.

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