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(영문) 수원지방법원 안양지원 2015.09.24 2015고단182

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a sales stand in the name of the company in Ansan-si C.

On March 12, 2013, the Defendant told the victim G to acquire the right to sell the instant officetel at the place of business newly constructed in the Dongjak-gu Seoul Metropolitan Government E and F (hereinafter “instant land”). The Defendant said that the Defendant would allow the Plaintiff G to sell the instant officetel on a face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face (victims): 8 (Defendants): 2 (Defendants).

However, in fact, the land of this case was registered for the establishment of a mortgage of approximately KRW 2.6 billion, and thus it was impossible for the Defendant to sell the land of this case. While there was no income, the Defendant did not have any intention or ability to pay KRW 100 million for the debt borrowed from the bond company, KRW 36 million for the arrears of taxes, and KRW 10 million for the employees’ benefits.

As above, the Defendant, by deceiving the victim, obtained a delivery of KRW 50 million from the victim on the 29.5 million of the same month and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The part of the prosecutor's protocol of interrogation of the defendant as to G and H

1. Copy of the transfer certificate of a new bank, copy of the sale agency contract (in the face of an investigation record No. 13), and business registration certificate;

1. Application of each investigation report (in relation to facsimile of the statement of trading which is a complainant, a suspect A credit information attachment), and a copy of the statement of savings deposit in the Nonghyup Bank;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of recommendations: Imprisonment for not less than six months to not less than one year and six months;

(a) Type 1 basic area (less than KRW 100 million) for general fraud (six months to one year and six months);

(b) No special person;

2. Determination of sentence;