사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant, around September 7, 2008, at the real estate office operated by the real estate office operated by the Da in Yong-Gun, Jeonnam-gun around September 7, 2008, told the victim D to the effect that “The owner of the land in Yong-Gun E and F is living in a foreign country, and was delegated by the owner’s authority to trade the land. If investing KRW 43 million with the purchase price, etc., the Defendant would reduce the market price of the real estate by making a stone reduction and reclamation work worth KRW 40 million in the cost of construction, and would later pay 60% out of the profits when selling the land.”
However, in fact, the defendant did not have been authorized to sell land from the owner of the above land, and even if he received money from the victim, he did not have the intention or ability to execute stone and execute reclamation works to raise the real estate price.
On September 8, 2008, the Defendant, by deceiving the victim as above, received KRW 23 million from the victim as the down payment, and acquired KRW 20 million in total from the post office account under the name of the Defendant to the post office account in the name of the Defendant on October 13, 2008, respectively, under the pretext of balance and brokerage commission.
Summary of Evidence
The application of the defendant's legal statement, the police statement of D, the sales contract, the certificate of registration, and the Act on Account Transactions
1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;
2. Suspension of execution under Article 62 (1) of the Criminal Act (The payment of KRW 27 million out of the amount of damage, confession and reflect on the crime, the fact that there is no previous conviction or more than the suspension of execution, the occupation of the defendant, family relationship, etc.);
3. Article 62-2 of the Criminal Act;