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(영문) 수원지방법원 안산지원 2014.10.30 2014고단1539

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 2010, the Defendant made a false statement to the victim D that “I wish to purchase e, forest E, 2,361 square meters in e, forest E, 2,361 square meters in e, forest land after changing the form and quality of land. If you develop into a factory site after changing the form and quality of land, I would be able to gain a large profit. If you lend KRW 100 million in 10 million in e, 200 in e, or 200 million in e, developed land.”

However, it is practically impossible to purchase the above land within two months and change the form and quality of the land, because the Defendant did not have any specific property, and only 100 million won or more of the debt such as bonds and financial institutions, and only there was a remote plan for land development, and there was no specific financing plan for land development. Therefore, it is practically impossible to purchase the above land and change the form and quality of the land within two months.

On April 23, 2010, the Defendant received 100 million won from the victim of the check under the name of borrowed money from F on the real estate in the above trade name.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. As long as the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act governing the criminal facts have not restored to the reason for sentencing, a sentence of imprisonment with prison labor shall be inevitable;

However, the punishment shall be determined by the order, considering the following factors: the defendant is against himself, the same type of punishment, and there is no record of punishment heavier than the suspension of execution, the circumstances leading to the crime in this case, the details of the offender's intent, the age, character and conduct of the defendant, and the environment.