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(영문) 의정부지방법원 고양지원 2016.02.19 2015고단3201
사기
Text

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

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

Reasons

Punishment of the crime

On March 9, 200, the Defendant entered into a lease agreement with the Seoul Special Metropolitan City Urban Development Corporation (SH Corporation) and the Dongjak-gu Seoul Metropolitan Government apartment 504 dong 301,000,000,000,000 won, and was residing in the above apartment. On March 26, 2000, the Defendant transferred to D the right to refund the above apartment lease deposit to D with the right to refund the above apartment lease deposit, and drafted a fair deed from the Seowon Law Firm, Seowon-gu, Seoul Metropolitan City on the same day.

Nevertheless, on August 12, 2008, the Defendant called the Victim Mine-si Saemaul Bank (hereinafter “victim”) at the Squayang-si Squari-si Squa (hereinafter “the Victim Company”) and consulted about whether to grant a loan as security for the claim for the return of the above lease deposit. On August 14, 2008, the Defendant agreed to obtain a loan of KRW 9 million from the Victim Company for the purpose of moving the lease deposit into the apartment household under the name of moving into the apartment household, and as security, to transfer the above right for the return of the lease deposit to the damaged Company.

The defendant acquired the money from the victim company on August 18, 2008 after receiving 9 million won from the victim company.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a complaint, loan transaction agreement, contract for the transfer of claims, notification of transfer of claims, process deed, and public rental housing contract;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the selection of fines [the confession of the accused, the fact that there is no particular record of punishment other than the punishment of two times every 30 years, the fact that the criminal intent of defraudation is relatively weak, and the damage is significantly high;

It is difficult to see, in particular, to choose a fine and determine the amount in consideration of the circumstances favorable to the defendant.

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 provides that a provisional payment order shall be issued.

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