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(영문) 서울중앙지방법원 2015.05.14 2013고단8462

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant was sentenced to a suspended sentence of one year at the Seoul Central District Court to six months of imprisonment for fraud, and the judgment became final and conclusive on November 30 of the same year.

On April 26, 2013, at the real estate office located in Jongno-gu Seoul Metropolitan Government 3:00 on April 26, 2013, the Defendant said that the Defendant would have been a broker at the real estate office located in Jongno-gu Seoul Metropolitan Government 38,00, and that “I would have the Victim D take over the Fmat located in Ansan-si for KRW 35,000,000 and KRW 20,000,000,000,000,000,000,000,000,000,00

However, in fact, G with the Fran has moved into a deposit of KRW 1.5 million with the head office under a five-year contract with the head office. Since G with the head office was required to compensate for the amount of KRW 60 million upon waiver of the business, the victim was not only paid a considerable amount of money such as the franchise fee to the head office, etc. for the acquisition of the marina, but also the victim was seeking an exchange with other real estate equivalent to KRW 60 million due to these circumstances. Accordingly, even if the defendant received money from the victim, he did not have the intent or ability to enable the victim to take over the marina, even if he did not receive money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 8.6 million won from the victim to the cost necessary for the acquisition of marina, such as franchise fee, etc. in the same place.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Previous convictions in judgment: Application of the statutes governing the judgment rendered by Seoul Central District Court 2013 Godan5093;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Code provides that the defendant is led to confession and reflects his mistake, and the defendant has agreed with the victim, and the victim also wishes to punish the defendant.