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(영문) 수원지방법원 성남지원 2018.08.16 2018고단363

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, at the Defendant’s office located in Pyeongtaek-si Office on August 25, 2015, at the victim E’s office, obtained the right of sales agency from G of the FF representative director G of the said officetel for the instant 120 households of the instant studio. However, the Defendant is entitled to receive the sales commission of KRW 9 million per household if sold in lots.

In order to sell the above officetel in lots, the sales contract with F and the above officetel is concluded, and 400 million won must be paid to F as contract deposit.

If the sum of KRW 150,000 is about KRW 150,000, the remainder of the down payment will be provided to the lender, and half of the revenue of the sales fee will be divided.

The phrase “ makes a false statement.”

However, at the time of fact, there was no authority to sell the above officetel 120 households from the State F at the time of the operation of the defendant or the defendant (State) H, and even if the remainder of 250 million won to be paid to the State F cannot be prepared, there was no idea to pay it to the F even if it was invested KRW 150 million from the damaged party.

As above, the Defendant deceptioned the victim, and acquired the total amount of KRW 93 million from the victim to the Agricultural Cooperative Account in the name of the said victim, KRW 5 million on September 8, 2015, KRW 5 million on September 25, 2015, KRW 15 million on October 7, 2015, KRW 130 million on October 13, 2015, and KRW 15 million on October 13, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Investigation report (F company's G telephone statement);

1. Application of a self-owned real estate transaction agreement on August 26, 2015, details of H’s account transaction, and statutes governing D sales status

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommended punishment] In general fraud, the mitigation area (from October to February 6) of type 2 (at least KRW 100,000, less than KRW 500,000) (Article 10 to February 6) of the mitigated area (Article 10) of the Criminal Act (Article 347(1) of the Criminal Act) of the Criminal Act