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(영문) 대전지방법원 2015.07.08 2013고단2613

사기

Text

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

Reasons

Punishment of the crime

[criminal power] On April 8, 2004, the Defendant was sentenced to two years of imprisonment for the crime of uttering of forged official documents at the Seoul Central District Court, and completed the execution of the sentence on October 12, 2005.

【Criminal Facts】

On January 1, 2007, the Defendant told the victim C to the effect that the building design office located in the Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, “The chairperson of the Property Protection Committee of Yongsan-gu, Yongsan-gu, Seoul, well-known.” The Defendant stated that the purchase price of the above apartment building, which belongs to the Property Protection Committee, is changed under special conditions.”

However, the defendant was unaware of the chairperson of the above Property Protection Committee, and even if he received the price from the victim, he did not have the intent or ability to allow the victim to purchase the above apartment building on special terms.

Nevertheless, on January 11, 2007, the victim made a false statement to the victim and transferred KRW 50 million to the agricultural bank account in the name of the defendant on January 11, 2007, and on the 12th day of the same month, the victim was issued KRW 10 million in total at the front of the agricultural bank located in the Seo-gu, Daejeon-gu, Daejeon-gu Seoul Special Metropolitan City Bombing Branch's cashier's checks.

Accordingly, the defendant was given a total of KRW 150 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Details of the witness C's oral statement, the eight-time protocol of trial;

1. Investigation report (Evidence List Nos. 16), investigation report (Influence No. 16), investigation report, investigation report (influences), investigation report (influences), investigation report (influor C and suspect D telephone call report);

1. Details of entry into a bankbook, copies of each written agreement, copies of written agreement (type apartment commercial buildings) - forged documents, evidentiary materials;

1. Previous convictions: Inquiry into criminal and investigation records records, written judgments and application of Acts and subordinate statutes to the current status of personal confinement;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the choice of criminal punishment for the crime, and the choice of imprisonment with prison labor for the same crime;