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(영문) 부산지방법원 동부지원 2016.03.10 2015고단2535
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 14, 2013, the Korea Land and Housing Corporation entered into a lease agreement with the lessor C to use the lease deposit amount of KRW 45 million from October 29, 2013 to October 28, 2015 with respect to 201 Dong 104, Busan-gun, Busan-gun, for the lease deposit, and agreed to be the basic recipient D who bears only KRW 250,000 out of the lease deposit.

On December 25, 2013, the ownership of the above Busan-gun B apartment 201 Dong 104 was transferred to the victim E, who is the mother of C around December 25, 2013, and the victim succeeded to the status of C, and the defendant is the father of the above tenant D.

On the other hand, since the tenant of the above lease contract is the Korea Land and Housing Corporation, D or the defendant did not have any title to the return of the above lease deposit.

On January 20, 2014, in the vicinity of the above Busan-gun B apartment in Busan-gun, the victim E, who was the lessee of the above apartment unit 201 Dong 104, was not the Korea Land Housing Corporation but the defendant (or the defendant's mother D).

As stated above, we conduct as if the Defendant (the mother or the Defendant’s mother D) was a genuine lessee, and if we refund the sum of KRW 30 million out of KRW 45 million, we will pay KRW 15 million a monthly rent of KRW 300,000.

“Falsely speaking,” and it received KRW 30 million from the injured party to a bank account in the name of the refund of deposit for lease.

However, in fact, the lessee of the 201-dong 104-dong 201-dong 204, Busan-gun, was the Korea Land and Housing Corporation, not the defendant (or the defendant's mother D), so the defendant (or the defendant's mother D) has no title to the above lease deposit.

After all, the Defendant, as above, was accused of the victim who was involved in such mistake, and was given KRW 30 million from the victim.

Summary of Evidence

1. The defendant's statement in court;

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