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(영문) 수원지방법원 평택지원 2017.11.02 2017고단1225
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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 September 21, 2017, the Defendant was sentenced to imprisonment with prison labor for six months at the Daejeon District Court for fraud, and the said judgment became final and conclusive on September 29, 2017.

1. On June 2008, the Defendant requested the brokerage of the “sublete contract” when he/she himself/herself took the place as the actual owner of the above apartment, when he/she was aware that D public brokerage office located in Ansan-si C is registered in the name of F in the name of E, and when he/she was aware that he/she was registered in the name of F.

However, in fact, the actual owner of the above apartment did not have to delegate the defendant with the authority to conclude the lease contract.

On June 19, 2008, the Defendant entered into an apartment lease contract with the victim I, and received 35 million won as the deposit money from the victim.

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

2. Around July 2008, the Defendant requested the brokerage of the “sub-lease Agreement” while carrying out the work as if he was the actual owner of the said apartment in Ansan-si, G apartment 106 dong 203, which is registered in the name of J at the above D’s authorized brokerage office.

However, in fact, K did not have to delegate the power to conclude a lease contract to the defendant.

On July 11, 2008, the Defendant entered into an apartment charter contract with the victim L, and received 38 million won as deposit money from the damaged person.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the accused (including cross-examination);

1. Police statements made to E and M;

1. A copy of each lease contract for apartments, details of entry and departure transactions, and a certified copy of each register;

1. Previous convictions as stated in the judgment: Investigation report (of the suspect's appellate trial judgment), each judgment, search of B-case ( Daejeon District Court 2016No. 3100), reporting the results of confirmation of the previous convictions of disposition, and applying statutes;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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