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(영문) 수원지방법원 안산지원 2019.10.17 2019고단2731

사기

Text

A defendant shall be punished by imprisonment for one year.

except that 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, around October 2010, at the residence of the victim C located in Ansan-si, Sinsan-si, the Defendant: “The three-story commercial buildings located in Ansan-gu D have been put to auction to the extent of KRW 580,000,000,000,000,000 for the successful bid price. In addition, the Defendant jointly put the remainder into the bid price of KRW 170,000,000,000. The part of the mother and child is to be resolved by setting the deposit or monthly rent, and the above building will be resolved in the name of KRW 4.0,000,000,000,000,000.”

However, in fact, the third floor commercial buildings located in Ansan-gu, Ansan-si did not have any intention to sell the commercial building in the name of the victim, E was not a person who is the wife of the defendant's private village F, and the defendant was merely an intention to receive money from the beginning with the account in the name of E and used it for personal use. Even if the victim received money from the victim, the above commercial building did not have an intention or ability to let the victim use it in the name

Nevertheless, the Defendant, as seen above, by deceiving the victim and then deceiving the victim from the victim to the national bank account in the name of E on October 7, 2010, and acquired 5 million won from that time, and acquired 186,600,000 won in total from that time to January 11, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes to each investigation report (including documents attached to the account statement, etc.), accusation report (including documents attached to the certificate of confirmation of details of transaction);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, 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. All the circumstances leading to the Defendant’s age, character and conduct, environment, and crime, including the considerable amount of damage on grounds of sentencing under Article 62(1) of the Criminal Act, the fact that the Defendant is against the Defendant, and the agreement with the victim, etc.