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(영문) 서울중앙지방법원 2015.11.26 2015고정1669
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 12, 2013, the Defendant stated that “The Defendant would allow the victim D (the 45-year-older) to use the land located in the sports luminous field, sell facilities, such as plastic houses, etc. installed therein,” and the said land is the same as the land owner, who is living together with the land owner and living together with the land owner. In addition, when concluding a land lease contract with the land owner, the Defendant would make a contract with the land owner as a joint lessee.”

However, in fact, the Defendant did not rent and use the above land in a fixed manner from the owner of the land, and accordingly, there was no authority to permit another person to use the above land, and thus, there was no intention or ability to allow another person to consent to use the above land or to conclude a contract with the victim as a joint lessee.

Nevertheless, as seen above, the Defendant, by deceiving the victim, received a total of KRW 9.7 million from the victim on five occasions, namely, KRW 2 million from tin to 4 million around December 24, 2013, KRW 2 million around April 24, 2014, KRW 1 million around June 30, 2014, and KRW 9.7 million around August 3, 2014.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. The part concerning the defendant's statement No. D among each interrogation protocol of the prosecution and the police No. 2.

1. Statement made to D by the police;

1. A complaint;

1. Investigation report (land-based telephone investigation);

1. Application of the statutes governing a sales contract;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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