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Reasons
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(영문) 제주지방법원 2012.10.11 2012고단992
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 13, 2011, the Defendant entered into a contract with D(Representative E)’s agent, who operates a tourist hotel in Jeju city, to lease the above hotel’s age club building to KRW 100 million, monthly rent of KRW 100,000,000,000 for the premium of KRW 100,000 for the premium of KRW 100,000 for the premium (the name of the expenses invested in the operation of the club in that building by G, which is F’s arch), and entered into the lease contract separately, but instead, entered into a double lease agreement in which deposit money is KRW 20

Therefore, the Defendant’s claim for the return of the deposit amount of KRW 200 million against D was not established (the establishment thereof within the limit of KRW 100 million), and even if the deposit and the premium actually paid at the time was KRW 50 million, around August 11, 2011, the Defendant acquired the Defendant’s credit amount of KRW 200 million from the Defendant’s new bank account by acquiring the Defendant’s credit amount of KRW 300,000 from the Defendant’s 200,000,000,000 from the victim’s loan around August 12, 2011, by acquiring the Defendant’s credit amount of KRW 70,000,000,000 from the victim’s loan, around August 22, 201, and around September 14, 2011, the Defendant’s credit amount of KRW 200,000,000 from the Defendant’s new bank account (the Defendant’s credit amount of KRW 26168,00,00,00,00,00.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of F in the third prosecutorial examination protocol against the accused;

1. Each police statement made to I;

1. Written confirmation of J;

1. Application of Acts and subordinate statutes to each transaction contract, credit transfer and takeover contract, notice of credit transfer and takeover, each lease contract, transfer certificate, detailed statement of transaction, and detailed statement of transaction;

1. Article 347(1) of the Criminal Act of the relevant criminal facts, and the defendant's reasons for sentencing choice of imprisonment.

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