(영문) 서울중앙지방법원 2020.02.14 2018고단8428

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(영문) 서울중앙지방법원 2020.02.14 2018고단8428

사기

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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 7, 2009, the Defendant was sentenced to six years of imprisonment for fraud, etc. at the Seoul High Court, and on December 6, 2010, the Busan District Court sentenced ten months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence at the Gwangju Prison on April 17, 2015.

B At the time of the instant case, the owner of the Asan City Telecom (hereinafter “the instant telecom”). From August 2015, the Defendant was a person who had been living together with B in the instant telecom and had been living together in the instant telecom without paying accommodation expenses by precluding the purchase of the instant telecom from August 2015 to the B and the development of its neighboring areas, and was committed as if he were the actual owner of the instant telecom.

On November 10, 2016, the Defendant, along with B, concluded a lease agreement with the victim D on the condition that “The current operator is planning to move to another building. As the current operator is planning to move to the other building, the lease deposit amount of KRW 150 million shall be changed.” The Defendant entered into a lease agreement with the victim, on condition that the lease deposit amount of KRW 150 million shall be KRW 150,000,000,000,000 won shall be from December 21, 2016 to December 21, 2018, on condition that the amount of KRW 2.5 million shall be from December 21, 2016 to December 21, 2018.

However, the Defendant and B had already leased the instant Moel for two years around July 6, 2016, and had not been planned to move E to another place. Therefore, even if the Defendant and B received the lease deposit from the victim, they did not have any intention or ability to lease the instant Moel to operate the instant Moel.

As such, the Defendant and B, by deceiving the victim, were issued 150 million won in total, including 100 million won checks, 100 million won checks, 3 copies of 100 million won checks, 10 million won checks, 50 million won in cash, and 200 won.

Accordingly, the defendant received property from the victim in collusion with the victim B.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement with respect to B and D, D, and

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