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(영문) 의정부지방법원 2017.11.29 2017고단2552
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【The Defendant entered into a lease agreement with the victim C on December 17, 2013 on the lease deposit amount of KRW 20,000,000,000,000 for monthly rent, and the contract period of the lease contract of KRW 80,000,000,000. On June 8, 2015, the Defendant entered into a contract for the transfer of the obligation with the content that the Defendant’s husband would transfer the entire claim for the return of the lease deposit to E, which is the husband of the Defendant. On June 12, 2015, the Defendant notified the victim of the transfer of the claim and received the notification of the transfer of the claim to the victim on June 16, 20

【Criminal fact-finding on May 22, 2016, the Defendant stated that “The Defendant shall return the leased deposit to the husband of the Defendant,” at a place where it is difficult to know the specific place of time (hereinafter referred to as “the Defendant”) and that “F shall not return the leased deposit to the husband of the Defendant.”

2. The term “assumed.”

Accordingly, the Defendant made a false statement to F that “I will know and treat”.

However, in fact, even if the Defendant received the return of the leased deposit from F when he was the intention to use it for the cost of living, and even if he received the return of the leased deposit from F, he did not have the intent or ability to resolve the problem of return of the leased deposit already transferred

On May 23, 2016, the Defendant deceiving F and received KRW 17,480,000 from F to the Agricultural Cooperative Account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Notice of transfer of claims;

1. Application of the Acts and subordinate statutes governing the transfer of deposit;

1. The relevant legal provisions regarding criminal facts and Article 347(1) of the Criminal Act’s reasoning for sentencing of the instant case is reasonable, and the amount of damage discharged by the Defendant is 50,000 won remitted to F and 500,000 won additionally discharged on October 31, 2017.

The defendant shall be entitled to the E, due to his daily life.

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