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(영문) 대구지방법원포항지원 2020.08.13 2020고단584
사기
Text

The punishment of the accused shall be determined by two years of imprisonment.

Reasons

Punishment of the crime

On February 27, 2020, the Defendant: (a) concluded a lease agreement with the injured party E who wants to lease the title of sale in the office of licensed real estate agents located in the Northern-gu, Northern-si, Northern-si; (b) on March 27, 2020, the Defendant decided that the total amount of the lease deposit KRW 270 million, the down payment KRW 270 million, the down payment KRW 270 million, and the remainder KRW 243 million, with the lease deposit, to repay the loan and the remainder of the lease deposit.

However, in fact, the defendant did not intend to deliver the above apartment to the victim by repaying the lease deposit received from the victim and then consuming it for other purposes. Therefore, the defendant did not intend to deliver the above apartment to the victim by repaying the above apartment intermediate payment loan and the balance.

On February 27, 2020, the Defendant, by deceiving the victim as such, deposited KRW 2 million into a bank account in the name of the Defendant under the name of the Defendant for advance payment from the victim, and under the same year.

2. 28. Receipt of a check of 25 million won as the down payment for the lease deposit, and the same year.

3.6. The remainder of the lease deposit received KRW 240,000,000 from the F bank account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each G statement;

1. An apartment charter contract, each financial transaction agreement, and an apartment supply contract;

1. Details of conversations between each text message and each SNS;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment)

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years.

2. The fact that the punishment by sentence is determined, the scale of damage and the circumstances after the crime are heavy, and damage is deemed to exist;

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