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(영문) 대구지방법원 2016.08.24 2016고정1402
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant will pay KRW 500,000 to the defendant who transferred the Nowon-gu by leasing the Nowon-gu to his name.

Recognizing the word "," it was intended to obtain the word "to deceiving the name-free and the Nowon-gu lessee and to obtain the Nowon-gu by fraud."

Accordingly, on March 2015, the Defendant filed an application for lease with the non-merchants of the victim's name and non-merchants of the lease using the Internet and mobile phones to pay rent every month during the period of the contract of the lease to the employees of the Nowon-gu 2.

However, the defendant did not have the intent or ability to pay rent even if he leases the two North Koreas from the victim company as above.

On March 29, 2015, the Defendant entered into a lease agreement with the victim company on two of the above Nompt North Korea, the total market price of which is equivalent to KRW 5,061,440, and received delivery at the place designated by the Defendant around April 1, 2015.

The defendant was provided with property by deceiving the victim company in collusion with his name or not.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to notify the payment of lease agreements, lease fees and late payment charges, and unpaid details;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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