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(영문) 수원지방법원 2014.04.02 2013고단7054
사기
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Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

On July 16, 2013, the Defendants were sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in the Suwon District Court on July 16, 2013, and the judgment was finalized on January 18, 2014.

around March 31, 2010, the Defendants: (a) at the E Licensed Real Estate Agent Office located in Suwon-gu, Suwon-si, Suwon-si, the E Licensed Real Estate Agent Office: (b) delegated the authority to conclude the lease contract to the victim F; and (c) delegated the said right to KRW 80,000,000 for the deposit money to the victim F; (d) received the delivery from the victim who believed the said right to KRW 80,000,000 for the total sum of KRW 7,00,000,000 for the deposit money, etc. of KRW 40,000 on April 24, 2010, including KRW 82,000,000,000 for the deposit money.

However, in fact, the Defendants were delegated the authority to conclude a lease agreement on the monthly rent terms by the owner of the said building H, and did not have been delegated the authority to conclude the lease agreement on the said rent terms.

In this way, the Defendants conspired to obtain 80,000,000 won from the victim and acquired it by fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police officer to I;

1. A complaint;

1. Court rulings (Evidence Nos. 7);

1. Each prosecutor's investigation report (Nos. 15 and 16 of the evidence list);

1. Before judgment: Criminal records, court rulings (Evidence No. 5), and application of Acts and subordinate statutes significantly to facts to this court;

1. Articles 347(1) and 347(1) and 30 of the Criminal Act; the Defendants’ choice of criminal punishment

1. Defendants who commit concurrent crimes: The following circumstances are considered: (a) the Defendants did not make any effort to repay damages even though the extent of damage on the grounds of sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act is considerable; and (b) the Defendants recognized their mistakes; and (c) the principle of equity in cases where a judgment was rendered simultaneously with the final and conclusive crimes, such as

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