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(영문) 수원지방법원 안양지원 2014.06.19 2013고단898
사기
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A defendant shall be punished by imprisonment for six 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

On December 12, 2011, the Defendant, at the main point of “E” operated by the Defendant on the Gu D and the first floor during Ansan-si around December 2, 201, said fact was false to the effect that: (a) the Defendant was unable to pay the rent; (b) the Defendant was unable to pay the rent, and (c) the lease deposit remains almost remaining; and (d) the actual deposit is KRW 30 million, the Defendant would be able to secure the victim C as security. If the Defendant borrowed KRW 20 million, the Defendant would only use it for three months and pay the interest of KRW 10% per month.”

During the same day, the defendant deceivings the victim by means of notarial deeds in which the amount of KRW 20 million is transferred to the victim, out of KRW 40 million of the lease deposit, at the inside office of law firm, which is located in 1597 Hanyang-dong 104, Gyeyang-dong 1597, the defendant acquired 20 million of the lease deposit from the victim's place to the third party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to notarial deeds, commercial monthly rent contracts, and commercial building lease contracts;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Grounds for sentencing under Articles 25 (1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. Scope of recommendations: Imprisonment with prison labor for up to six months and up to one year and six months, and the basic area (up to six months to one year and six months);

2. Determination of sentence shall be made in the same manner as the order, taking into consideration the fact that the defendant was the first offender and has discharged part of the damage; and

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