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(영문) 부산지방법원 2017.05.17 2016고단3227
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant will pay 130,000,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On February 25, 2015, the Defendant met the victim D, which was known to the F Authorized Broker Office, as a broker of G at the F Authorized Broker Office located in Si-si, and entered into a lease contract with the victim, with the victim, 130,000,000 won, and 2 years prior to the lease contract with the victim.

However, at the time when the Defendant entered into the above lending contract with the victim, the owners of the above lending land are different from the owners of land and buildings, and the above lending building did not obtain approval for use under the Building Act, and for the foregoing reasons, even if the civil judgment was continued on April 8, 2013, the Defendant entered into the lease contract without notifying the victim of the important facts under the above contract.

Nevertheless, the Defendant, without notifying the victim of the above contents intentionally, had the victim believe that the above lending was a normal thing without the victim’s consent, concluded the lease contract as above, and received the sum of KRW 5,000,000 as the down payment on the same day, and KRW 130,000,000 as the remainder payment around March 4, 2015, including the sum of KRW 125,00,000,000 as the deposit.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Statement made by witnesses D recorded in the file for recording a witness examination among the fourth public trial records;

1. Statement by a witness J, which is recorded in the recording file of witness examination among the six-time public trial records;

1. Details of deposits and withdrawals from each account;

1. Application of certified copies of donations, such as each donation statute;

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

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The grounds for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Sentence of Provisional Execution [the scope of the recommended sentence] general frauds.

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