사기
A defendant shall be punished by imprisonment for four months.
The defendant pays 21 million won to the applicant B of the compensation.
Punishment of the crime
The defendant is a person who operates a mutual real estate company with the trade name "A".
On May 5, 2017, the Defendant, on the first and third floor of Gangnam-gu Seoul Metropolitan Government D and 3, sentenced the victim B to the following false statement: “The land already received is 500 square meters, and the land already received is 500 square meters, and the Defendant purchased 100 square meters in length during the planned development.”
However, in fact, the Defendant did not have any intention or ability to purchase land even if he received money from the injured party because only a part of the Defendant received money from the injured party and paid it to the landowner as a price for the land.
The Defendant, as such, deceiving the victim, and affiliated with the Defendant, shall have the F Bank Account (G) in the name of the Bank in the name of the Bank Co., Ltd. in the name of the victim for land price, with the amount of KRW 20 million on May 17, 201
5. 10 million won;
5. 30. 10. 10. 30. 10 million won was remitted and defrauded by money.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to B and H;
1. Full certificates, photographs, etc. of registered matters, inquiry about transaction details, contents of dialogue with a suspect, details of account transactions, and application of statutes on I dialogue content;
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 25 (1) 1, Article 31 (1), and Article 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Order (the defendant has repaid the amount of KRW 19 million out of the amount of KRW 40 million taken);
1. The reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Sentence of Provisional Execution, is that the defendant recognized the facts charged and reflects the facts charged, and that the first offender who has no criminal history, is
On the other hand, as the victim would purchase the land, it was used in another place with money as the victim would purchase the land, and the amount equivalent thereto could not be returned is disadvantageous.
In addition, the arguments of this case, such as the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, and the amount of fraud, are shown.