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(영문) 대구지방법원 2021.01.27 2020고단2295
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

The defendant is the actual owner of the above accommodation facilities, including Cheongdo-gun, Cheongdo-gun, and one parcel, the ownership of which is registered in B.

On September 14, 2018, the Defendant stated that “When entering into a lease agreement on the above accommodation building with B, the Defendant would obtain the consent of the lease agreement from B until September 20, 2018.”

However, at the time, the defendant was not able to obtain the consent of the above lease because there are many obligations to borrow the above accommodation as security.

Nevertheless, the Defendant, by deceiving the victim, entered into a lease contract for accommodation facilities on the same day as the victim, and had the lessee E pay KRW 200 million from the victim as the deposit money on September 20, 2018.

Summary of Evidence

1. The protocol concerning the suspect examination of the police concerning F of the defendant's legal statement;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a real estate monthly rent contract, full certificate of each registered matter, search for auction cases, request for cooperation with a building name, details of issuance of checks on his/her own, financial transactions with himself/herself, and details of withdrawals;

1. Grounds for sentencing under Article 62(1) of the Criminal Act, Article 347(1) of the Act on the Punishment of Specific Crimes and Article 347(1) of the Act on the Suspension of Execution of Sentence for the Selection of Criminal Crimes;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [type 2] The general fraud [type 2], and the amount of less than 500 million won (a person subject to special sentencing] - The mitigation element: In a case where punishment is not granted or a significant damage has been recovered [the territory of recommendation and the scope of the recommended punishment], the mitigation range, 10 months to 2 years and 6 months [the grounds for suspended execution], - The main reasons for suspended execution - The general reasons for suspended execution - The general reasons for suspended sentence are clear social relation - there are no criminal records of suspended execution or more, and the detention of the defendant entails excessive difficulty to his/her dependents.

3. Determination of sentence: Imprisonment with prison labor for a year and six months;

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