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(영문) 의정부지방법원 고양지원 2017.02.02 2015고단3425
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On March 2012, the Defendant, from around C around March 2012, D Apartment No. 708, 301 (rent 71,000,000, monthly rent 410,000,000; hereinafter “Lease Apartment”).

The right of lease was transferred.

After that, the Defendant: (a) lent the instant leased apartment to the victim G at the “F brokerage office located in the Si of Pakistan on August 2013, 2013; (b) given the instant leased apartment to the victim G a sub-lease of KRW 60 million; (c) did not notify the fact that the rent was delayed for at least three months; and (d) the Defendant did not provide a loan to the victim even though he was given a loan of KRW 60 million from the Saemaul Treasury of the Seocho-gu to the effect that he did not provide a loan to the victim, even if he did not have any specific property, even if he sub-leases the instant leased apartment to the victim, the Defendant did not have any intent or ability to return

Accordingly, the Defendant, by deceiving the victim as such, received from the victim, KRW 6 million from the victim on August 11, 2013, KRW 54 million on September 28, 2013, and KRW 60 million on the aggregate from September 28, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against H, C, or I;

1. Statement of the police statement related to G;

1. Application of respective Acts and subordinate statutes, such as receipts, receipts, and late fees;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. Sentencing prescribed in Article 62(1) of the Criminal Act;

1. Not more than 10 years of imprisonment with prison labor for the scope of punishment by law;

2. Application of the sentencing guidelines [decision of type] : Where a serious injury is caused to victims of fraud, general fraud, or type 1 [Special Sentencing Persons], where the methods of commission of crime are not good (each increase), or where punishment is not unfair (evaluation as equal to mitigation of punishment, reduction of punishment, other persons who committed the act or act or person who committed the act] [decision of recommending punishment] increased area, one year and two years and six months.

3. Determination of sentence;

(a) One year of imprisonment in summary of the order;

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