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(영문) 춘천지방법원 2014.02.13 2013고단780
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2010, the Defendant reported the Defendant’s house rent advertising advertisement of the semi- underground housing located in Chuncheon City, and told the victim D to rent the lease deposit in KRW 5 million and KRW 300,000 per month for 2 years.

However, on February 18, 2004, the Defendant entered into a contract to sell the above land and the above house at Chuncheon, prepared a sales contract, and received full compensation of KRW 47,267,500 for the land on February 2, 2004, and KRW 235,714,100 for the housing. On November 2005, the Defendant was paid up to KRW 16,081,30 for the relocation expenses, and thus, the Defendant did not actually hold any right to the above land and the house.

Nevertheless, without notifying the victim of all the above matters, the Defendant entered into a lease agreement with the victim and received KRW 5 million from the victim as the deposit money for lease in the same place. From around that time to July 16, 2013, the Defendant received KRW 6,300,000 per month in total 21 times a month from around that time to July 16, 2013.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Responses, such as details of road compensation (the road of Chuncheon City);

1. One copy of land and obstacles compensation documents;

1. Application of one copy of the compensation document for moving expenses to the Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., the reasons for sentencing) of the suspended sentence (see, e.g., the reasons for sentencing), fraud, general fraud, and Type 1 (Specially Convicted Persons): Cases where the degree of deception is weak (ad hoc factors): mitigated area (determination of the recommended area); and one year or less (Standards for suspended execution)

1. Major reasons for the entry: In cases where the degree of the agreement is insignificant, or the degree of deception is weak, the reason for the entry;

2. Reasons for general participation: The defendant's criminal records and criminal records of the same kind, where there is no serious reflective relation (unlawfully), social relation clear, or there is no criminal record of suspended execution or more (affirmative).

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