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(영문) 서울중앙지방법원 2015.03.25 2014고단6244
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 31, 2009, the Defendant: (a) leased an apartment house of the Goyang-gu, Soyang-gu, Soyang-gu, Seoul, its father, which is one of his/her fatherF, with the maximum debt amount of 147,745,012 in the name of the foreign exchange bank; and (b) there is a second-class collective security right with the maximum debt amount of 37,50,000 won in the name of the foreign exchange bank; and (c) among them, there is a second-class collective security right with the maximum debt amount of 147,745,000 won in the name of the foreign exchange bank; and (d) there is a second-class collective security right with the repayment of the debt of the second-class collective security right. The victim’s deposit is safe if repayment of the second-class collective security right is made.”

However, even if the victim receives the money for lease on a deposit basis, there was no intention or ability to terminate the right to collateral security.

The Defendant received 8 million won from the victim the down payment immediately, 32 million won from the part payment around September 15, 2009, and 50 million won from October 7, 2009, and 90 million won from the victim as deposit for lease on a deposit basis.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a copy of fact-verification (H);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The criteria for the sentencing of the reasons for the suspended sentence under Article 62(1) of the Criminal Act [decision of the sentence] General Fraud, Type 1 (less than KRW 100 million] [the scope of recommending punishment] The defendant's decision of sentencing from June to June of the term of imprisonment [the basic area] reflects the crime of this case, there is no other criminal records, partial repayment of money to the victim, the defendant's age, character and conduct, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of the sentencing as shown in the records and arguments, shall be determined as ordered within the scope of recommendation.

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