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(영문) 대구지방법원 의성지원 2013.11.07 2013고단137
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On September 6, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. (mariju) at the Suwon District Court on September 6, 2012, and the judgment became final and conclusive on September 14, 2012.

Around March 7, 2011, the Defendant made a false statement to the effect that “B is a person who manages the DNA camping site, with a rent of KRW 30 million per year, to lease the said camping site to the victim E at the Defendant’s accommodation located in the Jung-gu Incheon Metropolitan City’s Jung-gu District Office.” In addition, the Defendant made a false statement to the effect that “B is a person who manages the DNA camping site.” The Defendant would lease the said camping site for two years with a rent of KRW 30 million, and will receive the consent of

However, in fact, the Defendant did not have any authority to lease the above camping site to the victim with the consent of F or F to use the site from the owner of the above camping site. However, the Defendant did not have any authority to lease the above camping site from G or H with the facilities of the camping site on that ground. However, there was no authority to operate the camping site. Therefore, there was no capacity to lease the above camping site to the victim.

As above, the Defendant, by deceiving the victim as above, obtained 30 million won as the above rent for the camping place on the same day from the victim and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and E;

1. Complaint;

1. Investigation report (a copy of the register and building register attached thereto);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation reports (Attachment of written judgments);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Although there is a large amount of reason obtained by deceitation of reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, G and H appear not to have been actually managed after being entrusted to I with the management of the instant Lao camping site around October 208, and at the time of the instant crime, at the time of the instant crime, the Defendant actually managed the said camping site due to the violation of the Act on the Control of Narcotics, etc. (mawre) in light of the fact that the Defendant actually managed the said camping site.

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