사기
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On March 23, 2010, the Defendant, at the C office located in Pyeongtaek-gun B of Gyeonggi-do, assumes a false representation in the name of the owner of “D forest land 756 square meters” as the owner of “D forest land 756 square meters” and received delegation from the victim E with the authority to dispose of the said forest land.
It suggested to the effect that the above forest will be sold at KRW 125 million, and the ownership will be transferred until April 15, 2010.
However, in fact, the Defendant did not have been granted the right of representation regarding the sale of the forest land from the Citra Construction Co., Ltd., and there was no particular property or revenue source and no authority over forest land exists, and there was no intention or ability to transfer the ownership of forest land to the victim according to the agreement.
Accordingly, the Defendant, as seen above, by deceiving the victim, received a total of KRW 30 million as the down payment from the victim, and KRW 65 million as the intermediate payment around May 6, 2010, including KRW 35 million as the intermediate payment.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Statement made by the police for E;
1. A trade contract and an agreement;
1. Application of Acts and subordinate statutes, such as real estate sale contract;
1. The relevant legal provisions on criminal facts and the reasons for sentencing of Article 347(1) of the Criminal Act on the selection of punishment [the scope of recommendation] [the scope of punishment] No person who has no basic area (from June to January 6) (the person subject to special sentencing] [the decision of sentencing] [the decision of sentencing] [the defendant has a history of being subject to criminal punishment once as a criminal fraud, and the amount obtained by deception of this case has not yet been restored to the present day. It requires a strict punishment against the defendant.
In this context, the sentence is to be imposed as ordered in consideration of the conditions of sentencing as shown in the instant pleadings, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime.