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(영문) 서울동부지방법원 2016.02.17 2015고단1958
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 4, 2010, the Defendant entered into a lease agreement with the victim D on September 4, 2010 with respect to “F apartment No. 203, 1,69,000 won in preference to the claim for return of the lease deposit set forth in the leased object” purchased by the Defendant at the time, the Defendant registered the right to collateral security of KRW 169,00,000 in preference to the claim for return of the lease deposit set forth in the leased object as of October 31, 2010.

The phrase “ makes a false statement.”

However, in fact, the Defendant was obligated to pay excessive personal debt at the time, and was thought to use the leased object as personal debt repayment, etc., and to obtain additional loans as security, so even if concluding a lease agreement with the victim, the Defendant did not have any intention or ability to register by reducing the secured debt of the right to collateral security by paying a part of the loan as above.

The Defendant, as such, by deceiving the victim, received a total of KRW 20 million, including KRW 180 million, on October 31, 2010, under the pretext of the same day as the down payment from the victim, and KRW 200,000,000,000 from the victim.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Lease contract;

1. A certified copy of the registry of leased objects;

1. Application of Acts and subordinate statutes governing the table of auction dividends;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] In the case where the risk of occurrence of damage is not significantly realized (the special mitigation factor / the special mitigation factor / the special mitigation factor / the defendant will make a registration of reduction [the decision of sentence] in the case where the risk of occurrence of damage is not realized.

In other words, additional loans are received, however,.

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