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(영문) 대구지방법원 2015.04.10 2015고정98
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 27, 2014, the Defendant made a false statement to the effect that the Defendant would succeed to the status of the lessee of the above leased apartment after repaying the loan amount of KRW 35 million under the pretext of a premium when he/she was given a loan of KRW 35 million to the victim E, which he/she had been living for the victim E at the D real estate office located in Busan Metropolitan City, Busan Metropolitan City.

However, as at the time, the Defendant was given a loan of KRW 68 million as security, and even after receiving KRW 34.5 million from the victim, it was not possible to fully repay the above loan under the name of the victim, and there was no intention or ability to allow the victim to succeed to the status of the lessee of the above rental apartment.

As above, the Defendant, by deceiving the victim as above, received a total of KRW 2 million from the victim on two occasions, including KRW 32.5 million, and KRW 34.5 million, under the remaining name of the victim on June 9, 2014, and acquired it by defraudation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on account copies;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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