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(영문) 수원지방법원 안산지원 2018.10.31 2018고단1499

사기

Text

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

Reasons

Punishment of the crime

The Defendant, who works as an employee of the real estate sales agency, may receive part of the building (3.6 square meters) from the D department store 10-story sales office located in Ansan-si, Seoul, on February 2, 2013, and the victim E may receive part of the building (3.6 square meters) from the victim E if he/she invests in D department store 10-story F.

The down payment shall be remitted directly to the executor, but the balance shall be treated as a substitute for the discharge to Na.

However, if the actual sales area increases, the remaining amount can be increased.

However, the defendant did not intend to pay the proceeds of sale to the executive company as promised because he did not intend to use the proceeds for the purpose of personal repayment, etc. even if he did not receive any money from the victim due to no particular property or income.

On February 8, 2013, the Defendant, by deceiving the victim, received cash 1,4140,000 won from the damaged party as the sale price, and received money from the Korean bank account in the name of G on June 17, 2013 as the additional sale price following the increase in the sale area, and received money of KRW 10,000,000 from the Korean bank account in the name of G on June 18, 2013 to receive KRW 15,50,000 from the account in the name of G bank on June 18,

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. In full view of the relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the following conditions for sentencing of imprisonment, including the defendant’s age, sex, family relationship, and circumstances after committing the crime, the sentence shall be determined as ordered in light of the following conditions for sentencing:

- Unfavorable circumstances: The fact that the investigation does not cover and recover any damage; the fact that the contract deposit paid by the victim has not been recovered at 22.3 million won: The fact that the victim was immediately voluntarily voluntarily surrenders, led to the confession of the crime, and led to the reflection of the crime.