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(영문) 울산지방법원 2016.08.10 2016고단1703
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 21, 2014, the Defendant lived with the Defendant’s mother-friendly C in Ulsan-gu B Studio 302, Ulsan-gu, Seoul-gu, and the above cudio leased from the victim D on the condition that C is KRW 30 million, monthly rent of KRW 400,000,000, and C paid KRW 30,000,000 to the victim. The Defendant’s name E paid KRW 430,000,000,000, including monthly rent and management expenses each month.

On May 2015, in order to raise the Internet gambling fund, the Defendant thought that part of the deposit paid by C from the injured party would be refunded. On May 21, 2015, the Defendant deposited 4,30,000 won, such as monthly rent paid by E, into the victim’s name, and the Defendant pretended to pay monthly rent, etc. to the injured party as the actual lessee.

1. On May 27, 2015, the Defendant called the victim on May 27, 2015, and paid the monthly rent of KRW 10 million to KRW 400,000,000,000, out of KRW 30,000,000, as the Defendant immediately required to pay the deposit to the victim on the street.

The deposit amount of KRW 30 million is the money in Korea, and the monthly tax is paid from this month, so that the deposit is returned.

However, in fact, the above studio lease deposit was paid by C, and the defendant did not have the right to receive the refund of the lease deposit from the injured party.

The Defendant received 9.5 million won as the name of the refund of the deposit in the name of the Defendant at around 09:16 on the same day from the injured party.

2. On July 2, 2015, the Defendant, who committed a crime around July 2, 2015, called the victim at a fluoral site on July 2, 2015, shall pay the monthly rent of KRW 10,000,000,000, out of the deposit amount of KRW 20,000,000, which is remaining after the need to be added to the deposit amount of KRW 10,000,00,000 every month.

The deposit is money in the city and the monthly rent, and it was called that the deposit is not concerned about whether it is within the city, and the deposit is returned.

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