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(영문) 서울중앙지방법원 2015.05.14 2015고단702

사기

Text

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

On July 28, 2014, at the F coffee shop located in Seocho-gu Seoul Metropolitan Government on July 28, 2014, the Defendant made a false statement to the victim G, stating that “The Defendant would lend 1.5 billion won as a loan if the Defendant notarized a promissory note on KRW 2.25 billion as security in the sales contract for the right to sell a house in the Seoul Seocho-gu Seoul Metropolitan Government Housing Association, which is being promoted in the new towndong-dong, with the security of Chapter 10 million, to the victim G.”

However, the facts are that the defendant lent 15 million won to I as security the sales contract for the apartment of Tinia District Housing Association to I, which he became aware through H, but I considered it difficult for I to recover the above apartment house and tried to recover it, and even if I received 130 million won from the victim, there was no intention or ability to lend 1.5 billion won.

As such, the Defendant, by deceiving the victim, received KRW 48 million in cash from the victim at the same coffee shop, and received KRW 82 million in total from the Defendant’s national bank account (J).

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A written statement of I;

1. Application of Acts and subordinate statutes to receipts, sales contracts, authentic deeds of notarial deeds, and CCTV data;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud, Type 2 (at least KRW 100,000, less than KRW 500,00) and the mitigation area (from October to February 6) [Special Mitigation] [Determination of Sentence] that the defendant reflects the crime, there is no record of punishment for the same kind of crime, and the victim does not want the punishment for the defendant by mutual consent with the victim.