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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 30, 2011, the Defendant entered into a lease agreement with the victim D, Kimcheon-si E, and 1st floor in which it is impossible to know the trade name in Kimcheon-si C, and concluded the said lease agreement with the content that the period of the lease is two years, and concluded that the said house registered in the name of the mother F of the deceased Defendant was registered in the name of the Defendant by November 30, 201, and would be returned without any problem upon termination of the lease agreement.
However, at the time, the Defendant was under a circumstance where there was an individual debt worth worth 18 million won without any specific property, and the tax due to the delay in inheritance registration was in arrears, and there was no intention or ability to return the said house under the name of the Defendant even if he was granted immunity on October 11, 201, and the registration of inheritance was made under the name of the Defendant on November 28, 201 by four brothers and sisters including the Defendant on November 28, 201. Thus, there was no intention or ability to return it even if the said house was registered under the name of the Defendant or received 333 million won in the name of the deposit deposit from the victim.
As above, the Defendant, by deceiving the victim, received 3 million won from the victim to the Defendant’s post office account as contract deposit in the front of the national bank in Kimcheon-si, and received 30 million won check in the front of the national bank in Kimcheon-si on July 12, 201.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Statement made to D by the police;
1. Investigative reports (to attach all registered matters and all certificates);
1. Application of real estate lease contract, receipt Acts and subordinate statutes;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;