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(영문) 서울동부지방법원 2020.06.10 2020고단471

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 22, 2010, the Defendant entered into a contract with the victim B to sell four parts of the 60 million won of the two-wing facilities located in Seongdong-gu Seoul Metropolitan Government, Sungnam-si C at the office located in Songpa-gu, Songpa-gu, Seoul. On January 22, 2010, the Defendant stated that “The Victim may receive compensation for the two-wing facilities as the site when the price for Sungnam-gu, Sungnam-gu C

However, in fact, the above quantitative facilities were illegal facilities installed by illegally occupying state property, and the nominal persons entered on the register of nominal holders did not meet the requirements for compensation because they did not legally cultivate the above quantitative facilities since before the business authorization was published, and the Defendant was well aware of the requirements for compensation, such as assisting the field investigation work of E related to the development of the D district at the time, and thus, there was no intention or ability to sell the quantitative facilities that can be compensated for as

As above, the Defendant, by deceiving the victim as above, obtained KRW 10 million on the same day as the purchase price from the victim, KRW 10 million on February 10, 2010, KRW 20 million on March 2, 2010, and KRW 20 million on March 5, 2010, and transferred KRW 60 million on March 5, 2010 to the Defendant’s account in the F’s name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes on a sales contract for the mass facilities and account transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the full agreement with the victim, the fact that there is no criminal record subject to punishment beyond the same criminal record or fine, and the fact that the family is supported by him/her);