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(영문) 의정부지방법원 2018.04.19 2018고정13
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who leased an underground practice room located in Gyeonggi-si C from June 2014 to January 2016 from the owner D.

The defendant around January 22, 2015, in the above practice room, "the building has been inherited by inheritance, and the underground practice room will be changed.

The term “to lease” was false on condition that deposit 13 million won, monthly rent 300,000 won will be paid.

However, the defendant was not the owner of the above practice room, and he was not delegated the rights related to the lease of the practice room from D, the owner of the practice room.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 2.8 million from the victim, as the lease deposit in January 22, 2015, and KRW 10.2 million from January 26, 2015, as the remainder, under the name of the Defendant’s agricultural bank account (F) in the name of the Defendant.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police for E;

1. Report on investigation;

1. A copy of a real estate lease agreement;

1. Certification of the results of electronic financial transfer, and the application of Acts and subordinate statutes on personal financial transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment appears to have been that the defendant would have fully repaid the amount of damage to the recent victim. The punishment as set forth in the order shall be determined by comprehensively taking into account the details of the instant crime and the circumstances before and after the instant crime, the age, sexual behavior, environment, etc.

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