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(영문) 제주지방법원 2015.03.19 2014고단1574
사기
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 became final and conclusive.

Reasons

Punishment of the crime

1. Fraud against the victim C;

가. 피고인은 2013. 11. 3. 17:00경 서귀포시 D에 있는 E 식당에서 피해자 C에게 “내가 제주시 F에 있는 밭 3,400평을 임차하여 2년간 감귤농사를 하고 있는데 올해 12.말까지 감귤을 다 딴다. 2014. 1. 1.부터 임대료 450만 원을 주고 농사를 지으면 된다. 땅 주인이 모르는 사람과는 계약을 하지 않을 수 있으니 나의 이름으로 된 임대계약서는 그냥 놔둬라”라는 취지로 말하며 마치 피해자에게 위 밭을 전대하여 피해자로 하여금 사용하게 해 줄 수 있는 것처럼 거짓말하였다.

However, the Defendant was not able to sublet the above dry field to the victim because the Defendant was in a situation where the dry field was leased and used from January 19, 2011 to December 20, 2013, and the Defendant did not talk about or obtain approval for re-lease of the dry field with the dry field owner at the time. In addition, the Defendant was not capable of subleting the dry field to the victim, such as being notified on January 10, 201 that the lease contract cannot be renewed or held on behalf of the owner of the dry field.

On December 4, 2014, the Defendant deceptioned the victim as above, and received KRW 500,000 as the down payment from the victim on December 4, 2014, and acquired KRW 2 million on January 20, 2014, which was after the Defendant became aware that he could not hold office in the said dry field, and KRW 2 million on December 21, 201, respectively.

B. Around 10:00 on February 14, 2014, the Defendant made a false statement to the effect that “The Defendant would sell Korea-do salary and pay the principal and benefits by selling Korea-do salary if the money is invested in Korea-do money” in the “H” office operated by the Defendant in Seopo-si G.”

However, even if the defendant receives money from the victim, because he/she had expressed his/her intent to pay his/her personal debt, etc., he/she shall purchase and sell the Korea-Laon and make the profit.

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