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(영문) 수원지방법원 2012.07.25 2011고단6208
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 65 million won to the applicant for compensation by deceit.

In this case.

Reasons

Punishment of the crime

On January 208, the Defendant, at the F branch of Korea Bank F branch where the victim D works in the wife E, and the fact that the Defendant leased the child-care center G apartment 102 Dong 102 Dong 102 to operate the child-care center as a partnership business with the victim, was thought that the above child-care center business registration name and the above apartment 102 Dong 102 Dong 102 Dong Dong 102 as the tenant himself/herself, and even if the Defendant had no intent to transfer the lease deposit to the victim to the lessor H, the owner of the above apartment 102 Dong 102 Dong 102 Dong 102, the Defendant made a false statement to the victim that the lessee would be the victim.

Accordingly, the defendant deceiving the victim as above, and 2 million won around January 26, 2008 under the name of the lease contract for apartment and the facility cost of the above child care center from the victim, and the same year.

2. Around January 2, 200 won was remitted, and around the 2th day of the same month, the said H acquired a total of KRW 65 million by having the said apartment 102 102 dong 102 dong 102 transfer the said apartment 102 dong 102 as the lease deposit.

Summary of Evidence

1. Legal statement of D, I and H;

1. Part of the protocol concerning the examination of the suspect against the defendant (including D)

1. Part concerning D statement in the police interrogation protocol of the accused;

1. Each police statement made to D, I, and H;

1. Application of Acts and subordinate statutes to the accusation, investment contract, each real estate lease contract, each certificate of deposit transaction performance, and copy of passbook;

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

1. Judgment on the Defendant’s assertion under Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

1. The Defendant asserted that he consented to the name of the lessee of the instant lease agreement as the Defendant.

2. However, the following circumstances acknowledged by the evidence as above are determined.

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