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(영문) 부산지방법원 2013.10.16 2013고단2915
사기
Text

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

Reasons

Punishment of the crime

On January 31, 2013, the defendant was sentenced to 8 months of imprisonment or 2 years of suspended execution in Busan District Court for fraud, which became final and conclusive on February 8, 2013, and is currently under suspended execution.

1. On January 21, 201, around 14:00, the Defendant stated that “Around 14:00, the Seo-gu Busan metropolitan building 304 had no intent or ability to cancel the provisional registration already established under the above 304, the Defendant may resolve the provisional registration in the future of the above 304 E, and that “B trusted the deposit of KRW 60 million and leased the above 304.”

The Defendant, by deceiving the victim as such, received KRW 60 million from the victim as the deposit money for the lease on the same day.

2. On April 4, 201, around 16:00, the Defendant stated that “The Defendant may resolve the right to lease on a deposit basis in the future G in the above No. 104, and lease No. 104, the above 104 shall be deemed to have been leased to the victim F, despite there is no intention or ability to cancel the right to lease on a deposit basis already established in the above No. 104.”

The Defendant, by deceiving the victim as such, received KRW 60 million from the victim as the deposit money for the lease on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and E;

1. Each certified copy of the register (C building 304, 104), each real estate rent contract, each auction case search, loan certificate, each registration certificate, each pre-sale contract, each letter, written judgment (loan No. 2010 group9236), H real estate compulsory auction decision, notice of decision on sale, statement of obligation, statement of obligation, statement of real estate lease contract (Lessee I), and certified copy (J certified judicial scrivener A planning and registration team);

1. Previous records: Inquiries of criminal records, references to criminal records, reports on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes of investigation reports (Attachment of certified copies of judgment);

1. The corresponding criminal provisions of the Criminal Act concerning the facts of crime; and

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