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(영문) 광주지방법원 2016.01.28 2015고단3859
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 7, 2013, the Defendant moved to the United States by the head of the household to the victim E (hereinafter referred to as "the head of the household") in the office of "D Authorized Broker" located in the Nam-gu Seoul metropolitan area, and to the victim E (hereinafter referred to as "the head of the household").

B. The authority to conclude a lease agreement was delegated to B.

After one month, a motor vehicle may return to the Republic of Korea for a short time.

At that time, a new power of attorney will be drawn up.

It is necessary to deposit the lease deposit with the account of B.

“Along with the short term of “F,” the victim and the victim entered into a real estate lease agreement with respect to the Nam-gu G and 404 of Gwangju owned by the F.

However, the defendant did not have been delegated by F with the authority to enter into a lease contract, and even if he received the deposit from the injured party, he thought to use it for personal purposes.

The Defendant received 300,000 won in cash from the damaged party on his/her job, 1.4 million won in the Gwangju Bank account (H) in the name of the Defendant on November 7, 2013, and 15.3 million won in the same account on November 22, 2013, respectively.

Accordingly, the defendant obtained a total of KRW 17 million from the damaged person as the deposit money for lease and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement concerning I in a protocol concerning the suspect examination of the police officer;

1. Statement in the police statement protocol against E;

1. Written Statement;

1. Each report on investigation;

1. A certified copy of real estate registry;

1. Application of Acts and subordinate statutes to a real estate lease agreement, power of attorney, certificate of seal imprint, certificate of mutual aid, process certificate, certificate of transfer verification, and statement of account transaction;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s crime of this case on the grounds of sentencing of Article 62-2(1) of the Criminal Act for the observation of protection and observation was not delegated with the authority to conclude a lease agreement, and even if the Defendant received the deposit money from the injured party, it is personal use.

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