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(영문) 서울북부지방법원 2015.05.01 2014고단2474
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 22, 2013, the Defendant concluded a contract to lease KRW 40,00,000 per month with respect to KRW 40,000 on the fourth floor of the F building in Jung-gu Seoul, Jung-gu, Seoul, Seoul to the injured Party E, saying, “When the Defendant entered into a contract to lease KRW 40,00,000 on the fourth floor of the F building in Seoul, it would pay the deposit, and simultaneously pay the maximum debt amount set forth in KRW 50,00,00,000, the debtor G and the mortgagee’s obligation to collateral security and cancel the registration of the establishment of the neighboring mortgage.”

However, in fact, the Defendant had no intention or ability to repay the debt of the right to collateral security set forth in 401 and cancel the registration because the Defendant had been able to use it as the construction cost, interest on the loan, etc. of the above building.

The Defendant, by deceiving the victim as such, received KRW 2,00,000 as a deposit money from the victim in his/her jurisdiction, and transferred KRW 2,00,000 to the Defendant’s bank account under the same name on the 30th of the same month, and has received KRW 2,00,000 from the Defendant

5. 21. 21. 36,000,000 won was remitted to the above bank account under the same name.

Summary of Evidence

1. The statements of witnesses E and I in the fourth protocol of the trial;

1. Monthly rent contract, written judgment;

1. Application of Acts and subordinate statutes to account details, estimate, certificate of subrogation (as of May 27, 2013), order to provide security, certificate of subrogation (as of June 27, 2013), cash deposit and certificate of subrogation (as of August 27, 2013);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;

1. The Defendant shall be sentenced by taking into account the following factors: (a) the reason for imposing a sentence of selective sentence of imprisonment [the scope of recommending punishment] general fraud [the person who has no person who has a special sentence] (6 months to 16 months] under the basic area (6 months) [the decision of sentencing] (the decision of sentence] under the Defendant’s primary crime; and (b) the Defendant’s father led the Defendant to commit a crime, even though there is no room for the Defendant’s prior action, the amount of damage was not much less than the amount of damage

The defendant;

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