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(영문) 창원지방법원 마산지원 2017.06.21 2016고단1398
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 4, 2014, the Defendant would sublease 103 units of F building in C in the new shares of the new shares of the Japanese eastdo to the victim D at the office of the Defendant located in C of the new shares of the Japanese eastdo around September 4, 2014, with the guarantee fee of KRW 5 million and monthly 650,000,000,000,000.

First of all, half of the deposit and the rent of the first month changed to 350,000 UN.”

However, the Defendant did not have the authority to conclude a sub-lease contract without the consent of the owner of the building. At that time, there was no consent from the owner of the building to sub-lease contract, and the above 103 subparagraph was used only as a building owner and a restaurant, and thus there was no intention or ability to sub-let the above 103 subparagraph to the victim who wants to allow the use of the cosmetic normally.

The Defendant acquired 500,000,000 UN on the name of the sub-lease deposit for 103 units of the above building from the damaged party and 350,000 UN on the name of some of the rent of the first month, from the victim in cash.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Copies of the written judgment; and

1. Application of the Acts and subordinate statutes governing the sublease of buildings and translation of receipts;

1. Grounds for sentencing of punishment pursuant to Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act concerning the facts constituting an offense;

1. Class 1 (less than 100 million won) of the General Fraud, which is the recommended sentencing criteria; six months to one year and six months; and

2. The sentence is to be imposed in consideration of the denial of the determination of sentence and failure to recover from damage, and the sentence is to be determined as ordered in consideration of the sentencing conditions shown in the arguments in this case, such as the age, records of the crime, the details of the crime and circumstances after the crime;

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