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(영문) 수원지방법원 2013.11.13 2013고단2901
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 20, 2010, the Defendant concluded a lease contract with the victim C in the E-real estate office located in Kimpo-si, Kimpo-si, Kimpo-si, on the ground that the victim set up an excessive collateral security on the apartment of the Defendant in the process of concluding a lease contract with the victim C and the above D apartment No. 102 Dong 1401, which is owned by the Defendant, and falsely stated that “The Defendant would make a reduction registration equivalent to the amount of reduction after repaying the lease deposit amount as KRW 40 million.”

However, even if the defendant received a deposit from the victim, he did not have the intention or ability to repay the loan and make a registration of reduction.

As such, the Defendant, by deceiving the victim, entered into a lease contract with the victim, and entered into the lease contract on the same day as the down payment, shall be KRW 15 million, and the same year.

3. The remainder of 27.1 billion won was received as a total of KRW 160 million, including the receipt of KRW 145 million under the pretext of the balance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. The application for the instant order for compensation is deemed inappropriate in light of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, and Article 347(1) of the Criminal Act regarding the application for the instant order for compensation by choice of imprisonment, etc., since the scope of the amount to be paid by the defendant is unclear, etc., making an order for compensation is dismissed in accordance with Article 32(

In full view of the circumstances favorable to the defendant such as the first offender, and the fact that the victim seems to have suffered great pain due to the fraudulent act of this case, and that the damage has not been recovered, etc., the punishment was determined as ordered by taking account of the circumstances unfavorable to the defendant, such as the details of the crime of this case, the circumstances after the crime, and the number of actual damage amount.

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