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(영문) 대구지방법원 2016.10.27 2015고단2827
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 11, 2011, the Defendant made a false statement to the effect that “D” located in G, which was entrusted by the owner F with the management of “G studio H” by the victim E (n, 45 years of age). G 202, the Defendant made a false statement to the effect that “The Defendant would conclude a lease contract, not monthly, with a deposit of KRW 15 million, on the face of the week 202.”

However, in fact, the owner of the above G Studio was not F but I, and the defendant was merely a monthly tenant with respect to the above 202 and did not have any authority to conclude a charter contract on behalf of I, and there was no intention or ability to conclude a charter contract in a normal way even if he received money from the victim as a security deposit.

As such, the Defendant, by deceiving the victim, and deceiving him/her as such, shall be two million won in the Defendant’s deposit account on or around August 11, 201 as the deposit money, and “ August 16, 201,” in the indictment written on August 17, 201,” is a clerical error.

(Evidence No. 2, Book 2, Book 2, Book 2, Book 3, each transfer of KRW 13 million to a deposit account in the name of F. On August 2012, 2012, the Defendant acquired 20 million in total, including the transfer of KRW 4 million to the Defendant’s deposit account on August 6, 2012.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Statement to E by the police;

1. A real estate lease contract, a certificate of payment of rental deposit, a copy of passbook and passbook;

1. Application of Acts and subordinate statutes to investigation reports (the one party search and investigation who is the studio of a victim residing therein);

1. The reason for sentencing of Article 347 (1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommending punishment] of Article 347 (1) of the Criminal Code of the relevant Act on the Punishment of Criminal Crimes where the aggravated area of category 1 (less than KRW 100 million) (1 to 2 years and 6 months) [Specially under] of the Act on the Punishment of Criminal Crimes is very poor, or where the crime of fraud by deceiving the court in the trial procedure is committed [the decision of sentence] - Unfavorable circumstances: the defendant

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