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(영문) 수원지방법원 평택지원 2015.11.12 2015고단1231
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Defendant

A is a man of the net B, and the victim C of Vietnam's nationality (Marriage B on February 20, 2007) is a baby of the defendant.

1. On August 28, 2008, the fraud Defendant received 10,000,000 won from the victim, i.e., i., e., 10,000 won from the victim’s bank located in Suwon-si D, Suwon-si. At the time of fact, the Defendant did not have certain occupation or income, and the credit card payment was in arrears of 10,000,000 won or more, and thus, the Defendant received money from the victim, even though she did not have any intent or ability to repay even if she borrowed money from the victim.

2. On July 9, 2008, the Defendant entered into a lease contract with the lessor in the name of the Defendant with a delegation from the victim on the conclusion of the lease contract with respect to the multi-family house 302, which is located in Suwon-si Office D, Suwon-si, a deposit for lease, and granted the lessor KRW 70,000,000 as the deposit for lease.

On May 22, 2009, the Defendant agreed to change the lease deposit amount to KRW 50,000,000, monthly rent of KRW 200,000 between the lessor and the lessor. On May 2, 2009, the Defendant used the lease deposit amount for personal purposes, such as living expenses, and embezzled the lease deposit amount to return KRW 20,00,000, which is the difference of the existing lease deposit, for the victim.

B. On January 25, 2010, the Defendant terminated the amended lease agreement, and received KRW 48,840,000 on the remaining lease deposit, and embezzled by consuming it for personal purposes, such as repayment of the debt of a female-friendly Gu, living expenses, etc. while keeping it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a copy of a bankbook, a lease contract on a deposit basis, a real estate lease contract, and a certificate of request for payments

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of fraud) and Article 355(1) of the Criminal Act for the crime respectively;

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