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(영문) 서울서부지방법원 2018.10.02 2018고단2152
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 19, 2015, the Defendant, as the owner of Mapo-gu Seoul Metropolitan Government Da apartment 302 (hereinafter “instant apartment”), entered into a lease agreement with the victim E and the lease deposit amounting to KRW 330 million with respect to the instant apartment.

On September 19, 2017, the Defendant made a false statement to the effect that “If the leased deposit is increased by KRW 170 million, the Defendant would renew the lease contract for the instant apartment, and the leased deposit received upon the increase is immediately used to repay the maximum amount of KRW 289,100,000 to KRW 150,000,000,000,000,000 for the loans on the right to lease on the right to lease in the instant apartment.”

However, even if the defendant received the increased rent deposit from the injured party, he/she was thought to use it for repayment of other debts unrelated to the apartment of this case, and thus, he/she did not have the intention or ability to immediately register the

As such, the Defendant, by deceiving the victim, obtained a total of KRW 170 million from September 22, 2017 to November 30, 2017 from the damaged party, and obtained a delivery of KRW 170 million from November 30, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by the police for E;

1. Complaint;

1. Investigation report (verification of the number of accounts for deposit of deposit of deposit of deposit of deposit of deposit of deposit of deposit of deposit of deposit of deposit of deposit of deposit), investigation report (Attachment of the details of transactions in one bank account under the name of a suspect), investigation report

1. Application of the lease agreement on September 19, 2017, the lease agreement concluded on October 19, 2015, the real estate registry, the content of the message, the certificate of confirmation of transfer transactions, and the statutes governing verification.

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act regarding the suspended execution.

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