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(영문) 수원지방법원 안양지원 2015.11.19 2015고단1150
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 24, 2009, the Defendant, as the relatives of D, owned Dobong-gu Seoul, 302, set up a real estate lease agreement with the purport that the Defendant would lease the above real estate to the victim F, who seeks to gather as if he were D at the coffee shop near 1, Dobong-gu Seoul, Dobong-gu, Seoul, to the above real estate amounting to KRW 60 million.

However, even if the defendant did not have the right to lease the above real estate and received the deposit, he did not have the intention or ability to lease the above real estate to the victim.

The Defendant received KRW 500,000 in cash from the victim as down payment around that time, and received KRW 28.5 million as part payment on May 20, 2009 from the victim to the foreign exchange bank account (G) account in the name of D he/she managed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of the real estate lease contract, a copy of the register of real estate, a copy of the receipt of deposit in another place, a copy of the application for loan from the National Housing Fund, a copy of the personal confirmation of a person related to debts (such as a copy of the D resident registration certificate), a statement

1. Application of statutes to a copy of a certificate of deposit transactions;

1. In light of the relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act’s reasoning for sentencing (Optional to Imprisonment) of the crime of this case where the defendant committed as if he/she were his/her own punishment, which is the owner of the loan, and the content of the crime of this case and the details of the crime of this case where he/she acquired the full-time fund of the victim, etc., the crime of this case is not good, and even if the amount of damage (total amount of KRW 29 million) is not much, the damage recovery is not completely performed (the defendant cannot be borrowed from his/her deposit because he/she did not know the victim’s contact address, but he/she submitted a repayment plan that he/she would pay 50,000 won per month from November 205). In light of the fact that the victim wants the strong punishment of the defendant.

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