사기등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
. Denating the victim and having been granted KRW 10 million on November 2, 2017 to the Agricultural Cooperative Account in the name of the Defendant for the purpose of borrowing from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Details of deposits and transactions;
1. Each real estate sales contract;
1. Application of Acts and subordinate statutes to each investigation report (the No. 15, 17, 19 of the evidence list);
1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment according to the sentencing guidelines] Article 62(1) of the Act on the Suspension of Execution [the scope of punishment according to the sentencing guidelines] : General Fraud (the amount less than 100 million won) and Type 1 (the amount of punishment is less than KRW 100 million, January-1) mitigation area (the amount of punishment is less than KRW 100 million, January-10) and the reduction area (the amount of punishment is less than KRW 100 million, January-10)] * The scope of sentence according to the standards for multiple crimes : January-1 year-5 [the decision of sentence]] of the defendant who engages in the business of real estate brokerage and embezzled money that the land purchaser takes charge of as the down payment to the seller, and obtains money additionally KRW 40 million from the victim to pay his/her personal debt. It is highly likely to be criticized in that it embezzled money from the customer as an occupation that requires trust to the customer.
The actual damage suffered by the victim due to each of the crimes in this case shall be 40 million won.
However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, that the defendant does not have the punishment for the defendant, and that there is a family member to support the defendant.
The motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, and the defendant.