사기
A defendant shall be punished by imprisonment for six months.
except that 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
On June 5, 2014, the Defendant made a false statement to the victim B, “The actual owner of the C apartment D in Southyang-si, Namyang-si, Namyang-si, the Republic of Korea, at the latest one month from the deposit for the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the purchase of the above apartment. If the deposit of the deposit is not paid within one month, the deposit of the deposit will be refunded KRW 70 million.”
However, in fact, the defendant was not the actual owner of the above apartment, and even if he received money from the victim, he did not have the intent or ability to provide the above apartment as a whole, even if he did not receive money from the victim, and was thought to have used the money received from the victim for the purpose of paying personal debts, etc., so there was no intention or ability to return the money from the victim when he did not provide the above apartment as a whole.
As above, the Defendant, by deceiving the victim, received one check of KRW 70 million on the same day from the victim and fraudulently acquired it.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The police statement concerning B;
1. A statement of waiver of apartment ownership, receipts, notarial deeds, promissory notes, loan certificates, bank transfer slips, etc. (No. 2 through 14, and 16 No. 16);
1. Application of Acts and subordinate statutes to financial information data and each investigation report (F, G and telephone call for reference);
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of recommendations according to the sentencing guidelines [the determination of types] and the range of recommendations [the type 1] and the amount below 100 million won [the person specially punished] - the mitigation element: the mitigation range or significant damage has been recovered (the area of recommendations and the scope of recommendations] mitigation range, and one month to one year.