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(영문) 서울북부지방법원 2012.10.25 2012고단1317

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 48.5 million won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

1. On July 22, 2011, the Defendant: (a) on the front day of the D apartment in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) Notwithstanding the absence of the intent or capacity to transfer the ownership of 10 million won in the Gangnam-gu, Seoul; (c) on the front day of the D apartment, the Defendant: (d) despite the absence of the intention or capacity to transfer the ownership of 100 million won in the Gangnam-gu E-gu, Seoul; (d) the Defendant: (e) the Defendant ran 10 million won in 10 million won in Myeondong; (e) the Defendant was able to borrow the victim as a thing; (e) the Defendant 33 million won in Myeondong; (e) the payment of the down payment was made by the victim;

8. 1. A total of eight million won was remitted and acquired by fraud.

2. On August 17, 2011, the Defendant: (a) in front of the foregoing D apartment, even though the Defendant did not have the intent or ability to transfer the ownership of subparagraph 102, Gangnam-gu E-gu, the Defendant did not pay 9.5 million won, which is 10 percent of the aggregate value of No. 101, as down payment, to the victim; and (b) was revoked.

1. The 1.5 million won in the reduction of 1.5 million won and the 13.5 million won in the name of part payments from the victim on the same day, and the 1.3.5 million won in the name of part payments on the 24th of the same month, and the same year.

9.5. The sum of KRW 17 million was remitted and acquired through fraud under the pretext of the balance.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. The prosecutor's statement concerning the F;

1. A protocol of suspect examination of G police officers;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to receipts, real estate sales contracts, payment notes, details of passbook transactions, and certified copies of a register;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases concerning Compensation Orders and Promotion, etc. of Provisional Execution Proceedings shall be determined as follows: (a) by deceiving the victim on several occasions, and the nature of the crime is not good; and (b) considering the fact that the damage is not entirely repaid, the punishment shall be determined as per the order;