사기
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Punishment of the crime
Around 13:30 on December 23, 2011, the Defendant, at the D Licensed Real Estate Agent Office located in the D Licensed Real Estate Agent Office in the Si of macro-si, stated that “The Defendant was authorized to sell the said land by the D Licensed Real Estate Office E, who is the owner of the G land, and, if paid KRW 96 million, would transfer the ownership of the said land.”
However, in fact, the defendant had no intention or ability to transfer the ownership of the land to the victim even if he received the land price from the victim because the defendant concealed the fact of the above sales contract to H and thought to use the money received from the victim as living expenses, etc.
The Defendant received 8 million won from the victim as the down payment on the same day and received 8 million won as the intermediate payment from the large diversary cell located in the diversary diversary cell at the diversary diversary diversary diversary cell at January 11, 2012.
After all, the defendant, by deceiving the victim, obtained a total of KRW 16 million from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each protocol of suspect examination of the accused by the prosecution (including H, I, and E substitute statements);
1. Each prosecutor's statement to E, I and J;
1. Each report on investigation;
1. Application of statutes to a real estate sales contract, a full certificate of registered matters, a statement of passbook transactions, a detailed statement of passbook transactions, a certified copy of register, and a name card;
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 ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Type 1 (less than KRW 100,00) basic area (from June to June) of the sentencing criteria: None of the special persons; and
2. Determination of sentence - Determination of disadvantageous circumstances: The fact that an agreement with the victim is not reached or no recovery from damage is made; the circumstances favorable to him/her have no record of being punished for the same kind of crime; and the age, family relationship, motive, means, and means of the crime;