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수원지방법원 안양지원 2019.08.30 2018고단2043

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 26, 2018, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Daegu District Court, which became final and conclusive on May 4, 2018.

【Criminal Facts】

On November 1, 2017, the Defendant displayed the name of the victim E at the Yeongdeungpo-gu Office Category C of the building B, Yeongdeungpo-gu, Seoul, and said, “This office currently in use was concluded with the lessor under the name of the ASEAN, the representative director of which is the ASEAN, and the lease deposit was paid.” The Defendant said, “The lease contract will be succeeded to with the consent of the lessor within three months, on the face of the State of KRW 10 million.”

However, the Defendant did not have concluded a lease contract in the name of E with respect to the above office, and the above office was concluded in the name of H, a corporation with the representative director, and thus, even if the said office received the said money from the victim, there was no intention or ability to succeed to the said office lease contract with the consent of the lessor.

Around November 1, 2017, the Defendant entered into a sublease contract with the victim on the condition that the Defendant succeeded to the lease agreement on the above office, and received KRW 10 million from the victim to the Agricultural Cooperative (I) account in the name of E Co., Ltd. on the same day.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 10 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A real estate lease contract;

1. Details of transfer transactions;

1. Written waiver or rejection of the lease contract;

1. A report on investigation (as to the currency content with H G);

1. Previous convictions: Criminal records, investigation reports (the same type of criminal records, the facts under probation period, the facts of ex post concurrent crimes, the facts of pending trials), copies of judgments; and