사기
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around January 10, 2015, the criminal defendant against the victim B stated that “The victim B would exchange 1,000 square meters out of the land owned by the young children and C land owned by the young children on the face of the week,” at the mutual influent restaurant located in the new-dong, Yeongdeungpo-gu Seoul Metropolitan Government.
However, in fact, the defendant did not have any right to land C, received the above money from the victim and thought to use it to repay his/her personal debt, and did not have any intent or ability to exchange the land C.
As above, the Defendant, by deceiving the victim, received a total of KRW 30 million, including KRW 20 million around January 15, 2015, and KRW 10 million around February 10, 2015, from the victim’s bank account (E) in the name of the Defendant.
2. The Defendant against the victim F stated the date and time, place, as indicated in the above paragraph 1., saying, at the victim F, the Defendant told the victim F to the effect that “I will exchange 1000 square meters out of the land owned by the State Party C and the land owned by the State Party C.”
However, in fact, the defendant did not have any right to land C, received the above money from the victim and thought to use it to repay his/her personal debt, and did not have any intent or ability to exchange the land C.
On February 9, 2015, the Defendant, by deceiving the victim as above, received cash of KRW 20 million from the victim, and received KRW 10 million in total from the D Bank account (E) in the name of the Defendant on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Application of the police protocol law to B and F
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act: