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(영문) 청주지방법원 2016.08.05 2015고단1511
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On December 20, 2013, the Defendant was sentenced to a suspended sentence of one year to be punished by embezzlement at the Cheongju District Court on December 20, 2013, and the said judgment became final and conclusive on December 28, 2013. On July 14, 2014, the Daejeon District Court sentenced the suspended sentence of two years to six months of imprisonment due to fraud, etc., and the said judgment became final and conclusive on February 25, 2016.

On May 7, 2013, the Defendant: (a) at the “D” house located on the 10,000,000 won in operating the head office, the Defendant concluded a lease agreement in which the deposit amount is KRW 10,000,000,000 to the victim E; and (b) concluded a lease agreement in which the deposit amount is KRW 10,00,000.

However, in fact, the lease contract, which the defendant shown to the victim, was falsely prepared in order to obtain a loan from the damaged party, and the defendant did not have the obligation to pay the deposit amount of KRW 10 million, and even if he borrowed money from the damaged party, he did not have the intention or ability to pay the deposit amount of KRW 10 million.

The Defendant was given cash KRW 12 million from the injured party around that time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint, a business registration certificate, each real estate lease agreement (Evidence No. 8, 9, 25), a fair deed, a loan certificate, a criminal investigation report ( telephone investigation), a criminal investigation report ( telephone conversations between a complainant and a witness), a criminal investigation report (G telephone investigation), a criminal investigation report (G telephone investigation), a criminal investigation report, a criminal investigation report (G telephone investigation), and a criminal investigation report (Analysis of the account details of the defendant);

1. Previous convictions in the Supreme Court ruling: Application of investigation reports (in the case of the same kind of case, indictments and non-prosecutions, binding of search data of the Supreme Court), copies of indictments, non-permanent copies of indictments, search data of the Supreme Court, search data of the case of the Supreme Court, and investigation reports (

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. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.

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