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(영문) 제주지방법원 2018.02.07 2017고정260
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 17, 2016, the Defendant posted a notice on the car page "C" of the Internet NAVV, stating that the Defendant offered monthly rent of D apartment units at Jeju, and around June 17, 2016, the Defendant met the victim G (35 years old) who reported and contacted the above writing, and then leased this house at present, which is not D apartment units, and this apartment is owned by or under the name of the owner of the apartment.

“Along on the end of this year, I prepared a real estate lease agreement with the victim and the deposit amount of KRW 3,00,000,000 per month to receive KRW 8,90,000.

However, in fact, the Defendant did not have any relationship with H, the principal owner of the said house, and merely agreed to lease the said house orally with H, but did not have any authority or ability to lease the said house to any other person on the ground that there was no difference between the fact and the fact that the Defendant entered into a contract with H.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 100,000 won from the victim to the NongHyup Bank (I) account in the name of the Defendant on June 2, 2016; (c) 200,000 won around June 14, 2016; and (d) received 3,590,000 won in total on three occasions, such as receiving 3,590,000 won from the victim as the deposit and monthly rent around June 17, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. A copy of each real estate lease agreement;

1. Application of Acts and subordinate statutes to inquiries into trade taxes, certificates of transfer, and inquiries about the results of transfer;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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