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(영문) 청주지방법원 2016.05.27 2015고단512
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2013, the Defendant wishes to accept and operate the E in the “E” operated by the victim D with the fourth floor of the building in substantial C, Cheongju-si on December 20, 2013.

First of all, it will be operated for three months, and it will be accepted on March 20, 2014.

First of all, the rent of KRW 6 million per month shall be paid, and the management fee, electricity fee, etc. shall be borne by the local government.

“Falsely speaking to the effect that it is “,” the following: (a) drafted a real estate lease agreement of KRW 4.5 million monthly rent of KRW 50 million on February 2, 2014; and (b) made a new agreement of KRW 3.5 million on May 1, 2014; and (c) subsequently made a new agreement of KRW 3.5 million on May 20, 2014; and (d) applied retroactively to the rent, etc.; (b) monthly rent of KRW 17.5 million (3.5 million x 5 months x 5 months); and (c) interest of KRW 1.5 million (3 million interest of KRW 30 million x 5 months) and deposit interest of KRW 1.5 million (5 months until May 20, 2014).

Form of Cash Payment has been drawn up.

However, the defendant did not have an intention or ability to pay rent even if he rents a screen golf course from a person who is bad credit or has no particular property or income.

On December 20, 2013, the Defendant received delivery from the injured party of the foregoing “E” and on June 20, 2014, and acquired pecuniary benefits equivalent to KRW 228 million [30,000 won per month (interest on KRW 300,000 per month for guarantee 30 million x 6 months x 3.5 million per month x 6 months x 6 months)] while operating the said “E” around December 20, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including the substitution of the suspect);

1. Statement made by the police against D;

1. Application of the statute of origin to verify the amount in arrears, such as a complaint, a written statement of cash payment, a written statement of payment, a certificate of content (receiving D), a receipt, a real estate lease agreement, a certificate of content (receiving A), a certification of content (receiving F), and an original statute;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. Article 62(1) of the Criminal Act 1.

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