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Reasons
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(영문) 부산지방법원 2015.12.17 2015고단7192
사기등
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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, around July 24, 2014, indicated the apartment lease agreement with the victim C who was enrolled at the time, Busan Young-gu B apartment 217 Dong 1603 around July 24, 2014, stating that “When you intend to enter into a lease contract for an apartment in the same way, the deposit amount is KRW 20 million. When paying the deposit amount of KRW 20 million, the Defendant would receive and return the deposit after the termination of the contract.”

However, in fact, as the lease contract that the defendant shown to the victim was voluntarily prepared by the defendant, the lease deposit of the above apartment was KRW 5 million, and the defendant received KRW 20 million from the victim as the security deposit, and then it was thought that the remaining KRW 15 million was used as living expenses.

The defendant received 20 million won from the victim to the post office account (D) in the name of the defendant under the name of the defendant as apartment deposit money on the same day.

2. Around October 6, 2014, the Defendant: (a) entered the said cash card in an automatic cash withdrawal machine installed at the point of the above Do branch; (b) entered the amount of KRW 30 million,00,000,000,000,000,000 won in the name of the Defendant’s name from the Busan Bank account (F) to the Busan Bank’s account; (c) transferred the amount of KRW 30,000,000 from the Busan Bank’s account to the above post office account in the name of the Defendant; and (d) obtained property gains in the sum of KRW 10,000,000,000,000,000,000 won from the date of the request by the phone to the outside port line of the sea near the Do branch; and (d) obtained property gains in the sum from June 15, 2015 to June 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement regarding C.

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