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(영문) 대전지방법원 천안지원 2016.05.13 2016고정148

사기

Text

The sentence against the accused shall be 1.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 18, 2015, the Defendant was sentenced to a penalty of KRW 120 million per year for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. in the Daejeon District Court’s Support for the Incheon District Court, and the said judgment became final and conclusive on November 27, 2015.

On December 15, 2011, the Defendant entered into a sales contract with the victim H of the damage and the purchase price of KRW 15 million for the F and G real estate owned by the E clan from the “D Real Estate located in Ansan-si Co., Ltd.” (hereinafter “D Real Estate”).

However, the defendant did not have the intention or ability to transfer ownership even if he entered into a sales contract with the victim because he did not obtain the consent to the sale from the family of the same clan as the owner of the above land or there was no relevant resolution.

Nevertheless, the Defendant, by deceiving the victim, was given five million won under the same day as the down payment from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Details of transactions, certificates of all matters to be registered, and real estate trade contract ( December 15, 201);

1. Investigation report (verification of the payment of five million won by I);

1. Court rulings (Support by the Court Decision 2015 High Court Order 1064/ Daejeon District Court Decision 2015No 2763) (Law No. 2763)

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the amount of damage in this case, the criminal records of the defendant (no such force), the defendant's recognition of a crime, the defendant's violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. for which judgment has become final and conclusive, etc., and the punishment shall be determined in the same manner as the order, taking into account