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(영문) 서울북부지방법원 2016.06.30 2016고단1148

사기

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was aware of the fact, received loans from the bank from the victim C, with the knowledge of the fact that “I would like to purchase five and other five lots of land outside the inside time D,” and the real estate appraisal may receive a large amount of loans from the bank.” The Defendant heard the speech that “I would like to introduce a person who would easily mislead the appraiser,” and was not capable of introducing a person who would easily mislead the appraiser, and was unaware of money from the victim under the pretext of appraisal fees, even though there is no relationship with the foreign appraisal corporation.

On May 3, 2013, the Defendant, at the “E” coffee shop located in Sungnam-si, concluded on May 3, 2013, that “The Defendant would have the victim receive a reliable appraisal report in the name of the corporation of the State’s appraisal on the face of the appraisal fee, and would return the appraisal fee if the appraisal is not well-grounded,” and received the amount of KRW 40 million from the injured party as the appraisal fee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C Complaints;

1. Application of the Acts and subordinate statutes governing the performance of security;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (one hundred million won or less) of the recommended punishment (one month to one year and six months) [the person who has no special sentencing seal].

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant has reached this court and is divided into and reflected in his crime, and the written agreement stating his intention not to punish the victim has been submitted after the prosecution: The defendant is not an appraiser for real estate by deceiving the victim.