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(영문) 인천지방법원 부천지원 2015.02.04 2014고단3354
사기등
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 11, 2013, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Incheon District Court, and the judgment was finalized on January 15, 2014. On November 27, 2014, the Incheon District Court was sentenced to 6 months of imprisonment for embezzlement and 2 years of suspended execution, and the judgment became final and conclusive on December 5, 2014.

【Criminal Facts】

1. On April 201, 201, the fraud Defendant related to B sales agency concluded a false statement to the effect that “The victim E was entrusted with the sales agency of 76 households of urban-type residential housing held in Seoul Gangseo-gu Seoul Metropolitan Government F, and proceeds were divided by grouping revenues, B representative director, and G, who is the sales agency, remittance of KRW 10 million as the sales agency deposit.”

However, the facts were that the defendant was not delegated by B to sell in lots, and G was an employee of the defendant, not the B representative director.

On April 11, 201, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the corporate bank account in the name of G on April 11, 201, and acquired it by fraud.

2. Counterfeiting a fraud or contract related to the commercial lease;

A. On October 201, 201, the Defendant: (a) was delegated by H to the victim of the instant D office on the ground that he/she purchased 4 partitions from the victim in the G office in Kimpo-si, Kimpo-si; and (b) subsequently, he/she could receive premium more than one column if he/she leased the same.

However, the defendant did not have been delegated the commercial building lease contract from H.

On October 16, 201, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the corporate bank account under the name of J on October 16, 201 as the down payment of the lease deposit and acquired it by defrauded.

B. The Defendant who forged a private document pretends to have entered into a lease contract with money from the victim.

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