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(영문) 창원지방법원 마산지원 2021.02.16 2020고단1076
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On February 22, 2019, the Defendant entered into a lease agreement with the victim G on the E-studio Building F in the window of Changwon-si, the Defendant’s wife, as the owner, regarding the Defendant’s E-studio Building F in the window of Changwon-si, the ownership of which was registered, and the Defendant established a senior mortgage and lease on a deposit basis in F.

In order to pay in full the deposit amount of KRW 65 million up to the payment date of the balance, it is said that the contract will proceed to cancel the registration of the right to lease on a deposit basis by granting the money to the immediately preceding revenue.

However, the above studio building caused a large number of public rooms, and thus, the Defendant was urged by other persons on a deposit basis to “I will proceed with the compulsory auction procedure without a prompt return of all the taxes.” In the situation where the Defendant failed to pay for the 40 million won loan obligation, it was unreasonable to construct a five-story commercial building, and even if it was paid money from the victims, it was considered to be used as the object of personal debt repayment or the construction cost of commercial building, and there was no intention or ability to cancel the registration of the studio lease on a deposit basis or to return the deposit money to the victims.

Nevertheless, the Defendant received 3,250,000 won as down payment from the same day on March 8, 2019 as down payment and acquired 6,50,000 won in total from the H association account under the name of H association account (I) under the remaining name of the Defendant around March 8, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A certified copy of a lease contract or a copy of a written closure and register;

1. J Co. (D);

1. Application of Acts and subordinate statutes to the report of investigation (suspect monetary report);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Scope of punishment by law: One month to ten years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of fraudulent crimes].

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